Effective: September 29, 2011
Latest Legislation: House Bill 153 - 129th General Assembly
(A) A contract for the construction, demolition, alteration, repair, or reconstruction of a public improvement entered into on or after April 16, 1993, shall be deemed to include the provisions contained in division (B) of this section.
(B)(1) In regard to any bond filed by the contractor for the work contracted, the contracting authority, in its sole discretion, may reduce the bond required by twenty-five per cent of the total amount of the bond after at least fifty per cent of the work contracted for has been completed and by fifty per cent after at least seventy-five per cent of the work contracted for has been completed provided that all of the following conditions are met:
(a) The contracting authority determines that the percentage of the work that has been completed at the time of determination has been satisfactorily performed and meets the terms of the contract, including a provision in regard to the time when the whole or any specified portion of work contemplated in the contract must be completed;
(b) The contracting authority determines that no disputed claim caused by the contractor exists or remains unresolved;
(c) The successful bid upon which the contract is based was not more than ten per cent below the next lowest bid or not more than ten per cent below a cost estimate for the work as published by the contracting authority.
(2) In regard to the amount of any funds retained, the contracting authority, in its sole discretion, may reduce the amount of funds retained pursuant to sections 153.12 and 153.14 of the Revised Code for the faithful performance of work by fifty per cent of the amount of funds required to be retained pursuant to those sections, provided that the surety on the bond remains liable for all of the following that are caused due to default by the contractor:
(a) Completion of the job;
(b) All delay claims;
(c) All liquidated damages;
(d) All additional expenses incurred by the contracting authority.
(C) As used in this section:
(1) "Contracting authority" means an officer, board, or other authority of the state, a county, township, municipal corporation, or school district, or of any other political subdivision of the state, authorized to contract for the construction, demolition, alteration, repair, or reconstruction of a public improvement, and any construction manager at risk as defined in section 9.33 of the Revised Code or design-build firm as defined in section 153.65 of the Revised Code awarding a subcontract, but does not include an officer, board, or other authority of the department of transportation.
(2) "Delay claim" means a claim that arises due to default on provisions in a contract in regard to the time when the whole or any specified portion of work contemplated in the contract must be completed.
Structure Ohio Revised Code
Chapter 153 | Public Improvements
Section 153.011 | Using Domestic Steel Products in State Supported Projects.
Section 153.012 | Preference to Contractors Having Principal Place of Business in Ohio.
Section 153.02 | Debarment of Contractor From Contract Awards.
Section 153.03 | Contracts to Require Drug-Free Workplace Program.
Section 153.031 | Rc 153.03 Requirements Limited to State Improvements.
Section 153.04 | Forms for Providing Bidding Information - Life-Cycle Costs.
Section 153.05 | Actions to Enforce Bond.
Section 153.06 | Form of Bids.
Section 153.07 | Publishing Notice of Bids.
Section 153.08 | Opening Bids and Awarding Contract.
Section 153.09 | New Proposals When Necessary - Change in Work or Materials.
Section 153.10 | No Change in Plans Without Approval of Owner.
Section 153.11 | Change of Plans Becomes Part of Original Contract.
Section 153.12 | Awarding and Executing Contract.
Section 153.13 | Estimates of Labor and Materials - Funds in Escrow Account.
Section 153.15 | Assessment of Asbestos Hazard.
Section 153.17 | Requisition Upon Contractor for Additional Specific Force or Materials.
Section 153.18 | Certification of Additional Force or Materials.
Section 153.19 | Contract Shall Contain Provision as to Time of Completion.
Section 153.20 | Duty of Attorney General.
Section 153.21 | Building Commission.
Section 153.22 | Compensation of Commissioners.
Section 153.23 | Expenses of Building Commission.
Section 153.24 | Oath and Bond.
Section 153.27 | Architects - Superintendents - Employees.
Section 153.28 | Plans, Drawings, and Cost Estimates Filed With County Auditor.
Section 153.29 | Proceedings of Building Commission.
Section 153.30 | Record of Proceedings.
Section 153.31 | Plans and Estimates for Construction - Construction Project Manager or Consultants.
Section 153.311 | Construction of Public Building in Stages.
Section 153.32 | Contracts for Erection and Repair of Superstructures.
Section 153.33 | Bids on Other Plans May Be Considered.
Section 153.34 | Contents of Advertisement.
Section 153.35 | Plans Shall Be Kept on File in County Auditor's Office.
Section 153.36 | Approval of Plans for Courthouse or Jail.
Section 153.37 | Approval of Plans for County Home.
Section 153.38 | Approval of Plans for Bridge.
Section 153.39 | Approval of Plans for Children's Home.
Section 153.44 | Contracts Submitted to Prosecuting Attorney.
Section 153.45 | Commissioners May Annul Old and Make New Contracts.
Section 153.49 | Duty of County Treasurer.
Section 153.50 | Separate Bids for Work and Materials.
Section 153.502 | Construction Management or Design-Build Contracts; Prequalification of Bidders.
Section 153.503 | Adoption of Rules.
Section 153.51 | Separate Contracts - Single, Aggregate Contract.
Section 153.52 | Awarding of Contracts to Separate Bidders.
Section 153.53 | Adjusting Threshold in Section 153.01 for Inflation.
Section 153.54 | Bid Guaranty to Be Filed With Bid.
Section 153.56 | Creditor Shall Furnish Statement of Amount Due - Service of Notice of Furnishing.
Section 153.57 | Form of Bond.
Section 153.571 | Form of Bond.
Section 153.581 | Contracts for Construction Definitions.
Section 153.591 | Hiring Hall Contract or Agreement.
Section 153.61 | Agreement for Joint Construction and Management.
Section 153.62 | Issuing Change Order for Additional Work.
Section 153.63 | Agreement for Escrow Account for Contractor.
Section 153.65 | Professional Design Services Definitions.
Section 153.66 | Submitting Statement of Qualifications.
Section 153.67 | Announcing Contracts Available for Professional Design or Design-Build Services.
Section 153.68 | Instituting Prequalification Requirements.
Section 153.69 | Evaluating and Selecting Firms.
Section 153.691 | No Fee Estimate on Contract for Professional Design Services.
Section 153.692 | Obtaining Services of Criteria Architect or Engineer.
Section 153.693 | Evaluation of Design-Build Firms.
Section 153.694 | Conflicts of Interest.
Section 153.70 | Requiring Professional Liability Insurance.
Section 153.71 | Administrative Rules.
Section 153.72 | Authority of Design-Build Firm.
Section 153.73 | Construction of Statutes.
Section 153.80 | Reducing Bond.
Section 153.81 | Indemnity Provisions in Public Works Design Contracts.
Section 153.83 | Hearings Related to Contractor Labor Agreements.