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(123rd General Assembly)(Substitute House Bill Number 490)
To amend section 153.56 of the Revised Code to clarify the provisions
pertaining to the time period within
which a lawsuit must be brought to recover money due to any person for labor
or work performed or materials furnished in a public improvement project.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That section 153.56 of the Revised Code be amended to read as
Sec. 153.56. (A) Any person to whom any money is due for labor or
or materials furnished in a public improvement as provided in section 153.54
of the Revised Code, at any time after performing the labor or work or
furnishing the materials, but not later than ninety days after the
completion of the contract by the principal contractor and the acceptance
of the public improvement for which the bond was provided
by the duly authorized board or officer, shall
furnish the sureties on the bond, a statement of the amount due to the person.
(B) A suit shall not be brought against sureties on the bond until
days after the furnishing of the statement described in division
(A) of this section. If the
indebtedness is not paid in full at the expiration of that sixty days, and
if the person complies with division (C) of this section, the
person may bring an action in the person's own name upon the
bond, as provided in
sections 2307.06 and 2307.07 of the Revised Code, that action to be commenced,
notwithstanding section 2305.12 of the Revised Code, not later than one year
from the date of acceptance of the public improvement for which the bond
(C) To exercise rights
under this section, a subcontractor or materials supplier supplying labor or
materials that cost more than thirty thousand dollars, who is not in
direct privity of contract with the principal contractor for the
public improvement, shall serve a notice of furnishing upon the
principal contractor in the form provided in section 1311.261 of
(D) A subcontractor or
materials supplier who serves a notice of furnishing under division
(C) of this section as required
to exercise rights under this section has the right of recovery
only as to amounts owed for labor and work performed and materials
furnished during and after the twenty-one days immediately
preceding service of the notice of furnishing.
(E) For purposes of this
section, "principal contractor" has the same meaning as in
section 1311.25 of the Revised Code.
SECTION 2 . That existing section 153.56 of the Revised Code is hereby