Effective: April 10, 1991
Latest Legislation: House Bill 238 - 118th General Assembly
Any public authority or any principal contractor or subcontractor who receives a copy of the affidavit required by section 1311.26 of the Revised Code, as provided in section 1311.31 of the Revised Code, may notify the claimant or his agent, to commence suit. Proof that this notice was served in accordance with section 1311.19 of the Revised Code, may be made by affidavit filed with the public authority or clerk or agent thereof. If the claimant fails to commence suit within sixty days after the date of the service of the notice, the affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds are to be released to the principal contractor. This section does not preclude the collection of the claim in any manner in which any claim may otherwise be collected.
An affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds upon which it is sought to be imposed wholly discharged from the affidavit filed pursuant to section 1311.26 of the Revised Code if the principal contractor or any subcontractor or interested party acting in his name gives the notice to commence suit and files with the public authority, a bond in the amount equal to one and one-half of the claim in favor of the claimant, executed by sufficient surety, approved in writing by the public authority, and conditioned upon the payment of any judgment upon the claim, plus costs.
If the public authority fails to discharge the affidavit filed pursuant to section 1311.26 of the Revised Code and make payment, the principal contractor or subcontractor may file an action in the court of common pleas of the county in which the property is located except that if the action is against a state officer, the principal contractor or subcontractor shall file the action in the court of common pleas of Franklin county. If the court determines in the action that the public authority improperly failed to discharge the affidavit and make payment, the court may award reasonable attorney fees.
The bond is void upon the failure of the claimant to commence suit within sixty days after the date of the service of the notice or, if the claimant commences suit within the required time period, upon the satisfaction of any judgment that is entered in favor of the claimant, upon final judgment against the claimant, or upon dismissal of the suit for any reason.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Section 1311.01 | Lien Definitions.
Section 1311.011 | Liens for Home Construction Work.
Section 1311.02 | Lien of Subcontractor, Laborer or Materialman.
Section 1311.021 | Lien for Labor or Work or Materials Upon Oil or Gas Well or Facilities.
Section 1311.03 | Lien Upon Street, Turnpike, Road, Sidewalk, Way, Drain, Ditch or Sewer.
Section 1311.04 | Recording Notice of Commencement.
Section 1311.05 | Subcontractor or Materialman to Serve Notice of Furnishing.
Section 1311.06 | Affidavit - Time Period for Filing - Contents.
Section 1311.07 | Copy of Affidavit to Be Served on Owner or Lessee.
Section 1311.08 | Lien When Improvement Situated on Same or Contiguous or Adjacent Lots.
Section 1311.09 | Lien When Contracting Person Has No Title to Land Improved.
Section 1311.10 | Presumptions.
Section 1311.11 | Notifying Lienholder to Commence Suit.
Section 1311.12 | When Lien for Furnishing Materials Arises.
Section 1311.13 | Attaching of Liens - Continuance and Priority.
Section 1311.14 | Priority of Mortgage Lien.
Section 1311.16 | Proceeding by Person Holding Mechanic's Lien.
Section 1311.17 | Adjustment of Claim When Owner Fails to Perform.
Section 1311.18 | Sale of Part of Premises.
Section 1311.20 | Damages for Neglect or Refusal to Release Lien.
Section 1311.22 | Liberal Construction.
Section 1311.23 | Lien Upon Mines for Labor.
Section 1311.25 | Public Improvement Definitions.
Section 1311.251 | Claim for Furnishing Materials.
Section 1311.252 | Notice of Commencement - Affidavit.
Section 1311.26 | Subcontractor, Materialman or Laborer May Serve Affidavit on Public Authority.
Section 1311.261 | Notice of Furnishing.
Section 1311.28 | Public Authority to Detain Funds Upon Receipt of Affidavit - Escrow Account.
Section 1311.31 | Action by Claimant to Enforce Payment.
Section 1311.311 | Notice to Commence Suit.
Section 1311.32 | Enforcement by Civil Action.
Section 1311.34 | Laborers Shall Have Lien Upon Real Property of Employer.
Section 1311.35 | Waiver of Lien.
Section 1311.36 | Enforcement and Priority of Liens.
Section 1311.37 | When General Employer Assumes Payment.
Section 1311.38 | Definition of Owner.
Section 1311.39 | Liens Against a Railroad Company.
Section 1311.40 | Priority of Payment in Contracts for Railroad Work.
Section 1311.42 | Perfecting a Lien.
Section 1311.43 | Proceeding After Filing Affidavit.
Section 1311.44 | Proceeding by Petition.
Section 1311.45 | Contractor to Be Notified of Time of Payment.
Section 1311.46 | Adjusting Disputed Claims.
Section 1311.47 | Others Who May Claim Liens.
Section 1311.48 | Lien for Care of Animals.
Section 1311.49 | Sale of Animal to Satisfy Claim.
Section 1311.50 | Lien Upon Get for Service.
Section 1311.51 | Enforcement of Lien.
Section 1311.55 | Agricultural Product Lien.
Section 1311.56 | Perfection of Producer's or Handler's Lien - Affidavit.
Section 1311.57 | Priority and Duration of Lien.
Section 1311.59 | Rights of Executors, Administrators, Part Owners, and Lessees.
Section 1311.71 | Aircraft Definitions.
Section 1311.72 | Lien for Labor or Materials for Aircraft.
Section 1311.74 | Service of Copy of Affidavit on Owner.
Section 1311.75 | Priority of Liens.
Section 1311.76 | Enforcement and Priority of Liens - Claimant to Give Notice of Release.
Section 1311.77 | Owner May Obtain Release of Aircraft by Filing Surety Bond.
Section 1311.78 | Notifying Lien Claimant to Commence Suit.
Section 1311.79 | Maintaining Lien After Notice to Commence Suit.
Section 1311.80 | Award of Attorney's Fees.
Section 1311.85 | Broker's Lien on Commercial Realty Definitions.
Section 1311.86 | Broker's Lien on Commercial Real Estate.
Section 1311.87 | Perfection of Lien.
Section 1311.88 | Proceedings to Enforce Lien.
Section 1311.89 | Sale of Foreclosed Property - Alternative Dispute Resolution.
Section 1311.90 | Broker to Record Release or Satisfaction.
Section 1311.91 | Priority of Mechanic's Liens.
Section 1311.92 | Transfer of Lien Property - Escrow Account.