What could be more exciting than articulating differences between issuing a notice of commencement on a private project (ORC 1311.04) versus a public one (ORC 1311.252)? Well, lots of things. Probably almost anything actually. That said, at least the reasoning behind the different requirements is interesting.
The biggest difference between the two types of notice, in my opinion, is that the private project notice needs to be recorded, and any amendments to that notice relate back to the original filing. This is in contrast to the notice for a public improvement project, in which the notice simply needs to be in affidavit form and made “readily available” to the public.
The less onerous public project notice is probably due to the remedies available to a contractor on a public project. Think about it- a contractor that does work on city hall and gets stiffed on the bill can’t marshal their lien and foreclose on city hall! Instead, the contractor must pursue the political subdivision itself, ultimately in court if necessary. If you are a member of a public entity navigating a public project or having a dispute with a contractor, consider giving us a call.
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