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8. Thou shall apply Ohio law. ORC §4113.62(D) (1) Contracts often state that a certain state law applies. This statute requires that Ohio law applies when the project is located in Ohio. 9. Thou shall not waive bond rights. ORC §4113.62(A) In Ohio, a subcontractor cannot waive bond rights upfront in a con- tract. The deadline for filing a claim against a bond is 90 days after the public project is completed and accepted by the public authority. It is important to note that the timeline for a bond claim is not tied to the last date of work. Additionally, a claim against a payment bond lawsuit cannot be initiated until 60 days from the date of service of the claim on the surety and must be filed within a year from the date of acceptance of the public improvement. 10. Thou shall record a notice of commencement (owner) ORC §1311.04 or serve a notice of furnishing (subcontractor). ORC §1311.05 In Ohio, an owner should record a notice of commencement with the County Recorder prior to the start of construction in order to mini- mize its risk of mechanic’s liens on the project. Anyone not in direct contract with the owner should file a notice of furnishing within 21 days of his first date of work based on the notice of commencement to preserve lien rights. Finally, the mechanic’s lien must be filed within 60 days from the last date of work for residential work; within 75 days from the last date of work for commercial work; and 120 days from the last date of work on public projects. These statutes demonstrate that Ohio has adopted much law-restrict- ing “freedom of contract” in the construction industry in an effort to avoid inequitable contracting practices. OA (Editor’s note: We would like to acknowledge the recent accomplish- ments of Donald W. Gregory, Esq., a regular contributor to Ohio Asphalt. Gregory, who practices in the area of Construction/Surety law for the firm of Kegler Brown Hill & Ritter, was recently recog- nized among the “Best Lawyers in America” for 2008 by Best Lawyers, and among “Ohio Super Lawyers” for 2008 by Law & Politics Magazine.) By Donald W. Gregory, Esq. Kegler, Brown, Hill & Ritter 65 E. State St., Suite 1800 Columbus, OH 43215 614.462.5400 Ohio Asphalt Winter 2008 19

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