As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 490 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-NETZLEY-TAYLOR-TERWILLEGER- 8
TIBERI-VAN VYVEN-WINKLER-HARTNETT 9
_________________________________________________________________ 10
A B I L L
To amend section 153.56 of the Revised Code to 12
modify the time period within which a lawsuit 13
must be brought to recover money due to any
person for labor or work performed or materials 14
furnished in a public improvement project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That section 153.56 of the Revised Code be 18
amended to read as follows: 19
Sec. 153.56. (A) Any person to whom any money is due for 28
labor or work performed or materials furnished in a public 30
improvement as provided in section 153.54 of the Revised Code, at 31
any time after performing the labor or work or furnishing the 32
materials, but not later than ninety days after the acceptance of 33
the public improvement FOR WHICH THE BOND WAS PROVIDED by the 34
duly authorized board or officer, shall furnish the sureties on 35
the bond, a statement of the amount due to the person.
(B) A suit shall not be brought against sureties on the 37
bond until after sixty days after the furnishing of the statement 39
described in division (A) of this section. If the indebtedness 41
is not paid in full at the expiration of that sixty days, and if 42
the person complies with division (C) of this section, the person 43
may bring an action in the person's own name upon the bond, as 44
provided in sections 2307.06 and 2307.07 of the Revised Code, 45
that action to be commenced, notwithstanding section 2305.12 of 46
the Revised Code, not later than one year from the date of 47
2
acceptance of the public improvement FOR WHICH THE BOND WAS 48
PROVIDED.
(C) To exercise rights under this section, a subcontractor 51
or materials supplier supplying labor or materials that cost more 52
than thirty thousand dollars, who is not in direct privity of 53
contract with the principal contractor for the public 54
improvement, shall serve a notice of furnishing upon the
principal contractor in the form provided in section 1311.261 of 55
the Revised Code. 57
(D) A subcontractor or materials supplier who serves a 60
notice of furnishing under division (C) of this section as 61
required to exercise rights under this section has the right of 62
recovery only as to amounts owed for labor and work performed and 63
materials furnished during and after the twenty-one days 64
immediately preceding service of the notice of furnishing. 65
(E) For purposes of this section, "principal contractor" 68
has the same meaning as in section 1311.25 of the Revised Code. 69
Section 2. That existing section 153.56 of the Revised 71
Code is hereby repealed. 72