Effective: May 27, 2005
Latest Legislation: House Bill 175 - 125th General Assembly
Upon entering into a contract for the construction or the substantial rehabilitation of a residential building, a residential contractor shall provide the owner with notice of the contractor's right to offer to resolve any alleged construction defect before the owner may commence a dwelling action or arbitration proceedings against the contractor. The contractor may include the notice in the contract or provide the notice as a separate document delivered at the time the owner signs the contract. The notice shall be conspicuous and in substantially the following form:
OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS, YOU MUST PROVIDE THE CONTRACTOR WITH A WRITTEN NOTICE OF THE CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER CHAPTER 1312. OF THE OHIO REVISED CODE, THE CONTRACTOR HAS AN OPPORTUNITY TO OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER THE CONTRACTOR MAKES. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1312 | Residential Contractor Right to Cure
Section 1312.01 | Definitions.
Section 1312.02 | Application of Chapter.
Section 1312.03 | Notice of Contractor's Right to Resolve Alleged Defects.
Section 1312.04 | Notice to Contractor of Alleged Defects Prior to Action.
Section 1312.05 | Contractor's Response to Notice of Defects - Offer to Inspect or Settle Claim.
Section 1312.06 | Owner's Acceptance of Contractor's Offer - Inspection - Action by Owner.
Section 1312.07 | Commencement of Arbitration or Action by Owner.
Section 1312.08 | Tolling of Statutes of Limitation and Repose - Dismissal - Application of Chapter.