As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 490 5
1999-2000 6
REPRESENTATIVES WILLAMOWSKI-NETZLEY-TAYLOR-TERWILLEGER- 8
TIBERI-VAN VYVEN-WINKLER-HARTNETT-DAMSCHRODER- 10
SENATORS CUPP-GARDNER
_________________________________________________________________ 12
A B I L L
To amend section 153.56 of the Revised Code to 14
clarify the provisions pertaining to the time 15
period within which a lawsuit must be brought to 16
recover money due to any person for labor or work 17
performed or materials furnished in a public
improvement project.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That section 153.56 of the Revised Code be 21
amended to read as follows: 22
Sec. 153.56. (A) Any person to whom any money is due for 31
labor or work performed or materials furnished in a public 33
improvement as provided in section 153.54 of the Revised Code, at 34
any time after performing the labor or work or furnishing the 35
materials, but not later than ninety days after THE COMPLETION OF 36
THE CONTRACT BY THE PRINCIPAL CONTRACTOR AND the acceptance of 37
the public improvement FOR WHICH THE BOND WAS PROVIDED by the 38
duly authorized board or officer, shall furnish the sureties on 39
the bond, a statement of the amount due to the person.
(B) A suit shall not be brought against sureties on the 41
bond until after sixty days after the furnishing of the statement 43
described in division (A) of this section. If the indebtedness 45
is not paid in full at the expiration of that sixty days, and if 46
the person complies with division (C) of this section, the person 47
may bring an action in the person's own name upon the bond, as 48
2
provided in sections 2307.06 and 2307.07 of the Revised Code, 49
that action to be commenced, notwithstanding section 2305.12 of 50
the Revised Code, not later than one year from the date of 51
acceptance of the public improvement FOR WHICH THE BOND WAS 52
PROVIDED.
(C) To exercise rights under this section, a subcontractor 55
or materials supplier supplying labor or materials that cost more 56
than thirty thousand dollars, who is not in direct privity of 57
contract with the principal contractor for the public 58
improvement, shall serve a notice of furnishing upon the
principal contractor in the form provided in section 1311.261 of 59
the Revised Code. 61
(D) A subcontractor or materials supplier who serves a 64
notice of furnishing under division (C) of this section as 65
required to exercise rights under this section has the right of 66
recovery only as to amounts owed for labor and work performed and 67
materials furnished during and after the twenty-one days 68
immediately preceding service of the notice of furnishing. 69
(E) For purposes of this section, "principal contractor" 72
has the same meaning as in section 1311.25 of the Revised Code. 73
Section 2. That existing section 153.56 of the Revised 75
Code is hereby repealed. 76