As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 490 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-NETZLEY-TAYLOR-TERWILLEGER- 8
TIBERI-VAN VYVEN-WINKLER-HARTNETT-DAMSCHRODER 9
_________________________________________________________________ 10
A B I L L
To amend section 153.56 of the Revised Code to 12
clarify the provisions pertaining to the time 13
period within which a lawsuit must be brought to 14
recover money due to any person for labor or work 15
performed or materials furnished in a public
improvement project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 153.56 of the Revised Code be 19
amended to read as follows: 20
Sec. 153.56. (A) Any person to whom any money is due for 29
labor or work performed or materials furnished in a public 31
improvement as provided in section 153.54 of the Revised Code, at 32
any time after performing the labor or work or furnishing the 33
materials, but not later than ninety days after the acceptance of 34
the public improvement FOR WHICH THE BOND WAS PROVIDED by the 35
duly authorized board or officer, shall furnish the sureties on 36
the bond, a statement of the amount due to the person.
(B) A suit shall not be brought against sureties on the 38
bond until after sixty days after the furnishing of the statement 40
described in division (A) of this section. If the indebtedness 42
is not paid in full at the expiration of that sixty days, and if 43
the person complies with division (C) of this section, the person 44
may bring an action in the person's own name upon the bond, as 45
provided in sections 2307.06 and 2307.07 of the Revised Code, 46
that action to be commenced, notwithstanding section 2305.12 of 47
2
the Revised Code, not later than one year from the date of 48
acceptance of the public improvement FOR WHICH THE BOND WAS 49
PROVIDED.
(C) To exercise rights under this section, a subcontractor 52
or materials supplier supplying labor or materials that cost more 53
than thirty thousand dollars, who is not in direct privity of 54
contract with the principal contractor for the public 55
improvement, shall serve a notice of furnishing upon the
principal contractor in the form provided in section 1311.261 of 56
the Revised Code. 58
(D) A subcontractor or materials supplier who serves a 61
notice of furnishing under division (C) of this section as 62
required to exercise rights under this section has the right of 63
recovery only as to amounts owed for labor and work performed and 64
materials furnished during and after the twenty-one days 65
immediately preceding service of the notice of furnishing. 66
(E) For purposes of this section, "principal contractor" 69
has the same meaning as in section 1311.25 of the Revised Code. 70
Section 2. That existing section 153.56 of the Revised 72
Code is hereby repealed. 73