Ohio § 4113.61
Full text of Ohio Ohio Revised Code § 4113.61, with citation guidance and answers to common questions.
§ 4113.61.
(A)(1) If a subcontractor or material supplier submits an application or request for payment
or an invoice for materials to a contractor in sufficient time to allow the contractor
to include the application, request, or invoice in the contractor's own pay request
submitted to an owner, the contractor, within ten calendar days after receipt of payment
from the owner for improvements to property, shall pay to the: (a) Subcontractor, an amount that is equal to the percentage of completion of the subcontractor's
contract allowed by the owner for the amount of labor or work performed; (b) Material supplier, an amount that is equal to all or that portion of the invoice
for materials which represents the materials furnished by the material supplier. The contractor may reduce the amount paid by any retainage provision contained in
the contract, invoice, or purchase order between the contractor and the subcontractor
or material supplier, and may withhold amounts that may be necessary to resolve disputed
liens or claims involving the work or labor performed or material furnished by the
subcontractor or material supplier. If the contractor fails to comply with division (A)(1) of this section, the contractor
shall pay the subcontractor or material supplier, in addition to the payment due,
interest in the amount of eighteen per cent per annum of the payment due, beginning
on the eleventh day following the receipt of payment from the owner and ending on
the date of full payment of the payment due plus interest to the subcontractor or
material supplier. (2) If a lower tier subcontractor or lower tier material supplier submits an application
or request for payment or an invoice for materials to a subcontractor, material supplier,
or other lower tier subcontractor or lower tier material supplier in sufficient time
to allow the subcontractor, material supplier, or other lower tier subcontractor or
lower tier material supplier to include the application, request, or invoice in the
subcontractor's, material supplier's, or other lower tier subcontractor's or lower
tier material supplier's own pay request submitted to a contractor, other subcontractor,
material supplier, lower tier subcontractor, or lower tier material supplier, the
subcontractor, material supplier, or other lower tier subcontractor or lower tier
material supplier, within ten calendar days after receipt of payment from the contractor,
other subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier for improvements to property, shall pay to the: (a) Lower tier subcontractor, an amount that is equal to the percentage of completion
of the lower tier subcontractor's contract allowed by the owner for the amount of
labor or work performed; (b) Lower tier material supplier, an amount that is equal to all or that portion of the
invoice for materials which represents the materials furnished by the lower tier material
supplier. The subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier may reduce the amount paid by any retainage provision contained in the contract,
invoice, or purchase order between the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier and the lower tier subcontractor or
lower tier material supplier, and may withhold amounts that may be necessary to resolve
disputed liens or claims involving the work or labor performed or material furnished
by the lower tier subcontractor or lower tier material supplier. If the subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier fails to comply with division (A)(2) of this section, the subcontractor,
material supplier, lower tier subcontractor, or lower tier material supplier shall
pay the lower tier subcontractor or lower tier material supplier, in addition to the
payment due, interest in the amount of eighteen per cent per annum of the payment
due, beginning on the eleventh day following the receipt of payment from the contractor,
other subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier and ending on the date of full payment of the payment due plus interest to
the lower tier subcontractor or lower tier material supplier. (3) If a contractor receives any final retainage from the owner for improvements to property,
the contractor shall pay from that retainage each subcontractor and material supplier
the subcontractor's or material supplier's proportion of the retainage, within ten
calendar days after receipt of the retainage from the owner, or within the time period
provided in a contract, invoice, or purchase order between the contractor and the
subcontractor or material supplier, whichever time period is shorter, provided that
the contractor has determined that the subcontractor's or material supplier's work,
labor, and materials have been satisfactorily performed or furnished and that the
owner has approved the subcontractor's or material supplier's work, labor, and materials. If the contractor fails to pay a subcontractor or material supplier within the appropriate
time period, the contractor shall pay the subcontractor or material supplier, in addition
to the retainage due, interest in the amount of eighteen per cent per annum of the
retainage due, beginning on the eleventh day following the receipt of the retainage
from the owner and ending on the date of full payment of the retainage due plus interest
to the subcontractor or material supplier. (4) If a subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier receives any final retainage from the contractor or other subcontractor,
lower tier subcontractor, or lower tier material supplier for improvements to property,
the subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier shall pay from that retainage each lower tier subcontractor or lower tier
the lower tier subcontractor's or lower tier material supplier's proportion of the
retainage, within ten calendar days after receipt of payment from the contractor or
other subcontractor, lower tier subcontractor, or lower tier material supplier, or
within the time period provided in a contract, invoice, or purchase order between
the subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier and the lower tier subcontractor or lower tier material supplier, whichever
time period is shorter, provided that the subcontractor, material supplier, lower
tier subcontractor, or lower tier material supplier has determined that the lower
tier subcontractor's or lower tier material supplier's work, labor, and materials
have been satisfactorily performed or furnished and that the owner has approved the
lower tier subcontractor's or lower tier material supplier's work, labor, and materials. If the subcontractor, material supplier, lower tier subcontractor, or lower tier material
supplier fails to pay the lower tier subcontractor or lower tier material supplier
within the appropriate time period, the subcontractor, material supplier, lower tier
subcontractor, or lower tier material supplier shall pay the lower tier subcontractor
or lower tier material supplier, in addition to the retainage due, interest in the
amount of eighteen per cent per annum of the retainage due, beginning on the eleventh
day following the receipt of the retainage from the contractor or other subcontractor,
lower tier subcontractor, or lower tier material supplier and ending on the date of
full payment of the retainage due plus interest to the lower tier subcontractor or
lower tier material supplier. (5) A contractor, subcontractor, or lower tier subcontractor shall pay a laborer wages
due within ten days of payment of any application or request for payment or the receipt
of any retainage from an owner, contractor, subcontractor, or lower tier subcontractor. If the contractor, subcontractor, or lower tier subcontractor fails to pay the laborer
wages due within the appropriate time period, the contractor, subcontractor, or lower
tier subcontractor shall pay the laborer, in addition to the wages due, interest in
the amount of eighteen per cent per annum of the wages due, beginning on the eleventh
day following the receipt of payment from the owner, contractor, subcontractor, or
lower tier subcontractor and ending on the date of full payment of the wages due plus
interest to the laborer. (B)(1) If a contractor, subcontractor, material supplier, lower tier subcontractor, or lower
tier material supplier has not made payment in compliance with division (A)(1), (2),
(3), (4), or (5) of this section within thirty days after payment is due, a subcontractor,
material supplier, lower tier subcontractor, lower tier material supplier, or laborer
may file a civil action to recover the amount due plus the interest provided in those
divisions. If the court finds in the civil action that a contractor, subcontractor, material
supplier, lower tier subcontractor, or lower tier material supplier has not made payment
in compliance with those divisions, the court shall award the interest specified in
those divisions, in addition to the amount due. Except as provided in division (B)(3) of this section, the court shall award the
prevailing party reasonable attorney fees and court costs. (2) In making a determination to award attorney fees under division (B)(1) of this section,
the court shall consider all relevant factors, including but not limited to the following: (a) The presence or absence of good faith allegations or defenses asserted by the parties; (b) The proportion of the amount of recovery as it relates to the amount demanded; (c) The nature of the services rendered and the time expended in rendering the services. (3) The court shall not award attorney fees under division (B)(1) of this section if
the court determines, following a hearing on the payment of attorney fees, that the
payment of attorney fees to the prevailing party would be inequitable. (C) This section does not apply to any construction or improvement of any single-, two-,
or three-family detached dwelling houses. (D)(1) No provision of this section regarding entitlement to interest, attorney fees, or
court costs may be waived by agreement and any such term in any contract or agreement
is void and unenforceable as against public policy. (2) This section shall not be construed as impairing or affecting, in any way, the terms
and conditions of any contract, invoice, purchase order, or any other agreement between
a contractor and a subcontractor or a material supplier or between a subcontractor
and another subcontractor, a material supplier, a lower tier subcontractor, or a lower
tier material supplier, except that if such terms and conditions contain time periods
which are longer than any of the time periods specified in divisions (A)(1), (2),
(3), (4), and (5) of this section or interest at a percentage less than the interest
stated in those divisions, then the provisions of this section shall prevail over
such terms and conditions. (E) Notwithstanding the definition of lower tier material supplier in this section, a
person is not a lower tier material supplier unless the materials supplied by the
person are: (1) Furnished with the intent, as evidenced by the contract of sale, the delivery order,
delivery to the site, or by other evidence that the materials are to be used on a
particular structure or improvement; (2) Incorporated in the improvement or consumed as normal wastage in the course of the
improvement; or (3) Specifically fabricated for incorporation in the improvement and not readily resalable
in the ordinary course of the fabricator's business even if not actually incorporated
in the improvement. (F) As used in this section: (1) “ Contractor ” means any person who undertakes to construct, alter, erect, improve, repair, demolish,
remove, dig, or drill any part of a structure or improvement under a contract with
an owner, a “construction manager” or “construction manager at risk” as those terms
are defined in section 9.33 of the Revised Code , or a “design-build firm” as that term is defined in section 153.65 of the Revised Code . (2) “ Laborer, ” “ material supplier, ” “ subcontractor, ” and “ wages ” have the same meanings as in section 1311.01 of the Revised Code . (3) “ Lower tier subcontractor ” means a subcontractor who is not in privity of contract with a contractor but is
in privity of contract with another subcontractor. (4) “ Lower tier material supplier ” means a material supplier who is not in privity of contract with a contractor but
is in privity of contract with another subcontractor or a material supplier. (5) “ Wages due ” means the wages due to a laborer as of the date a contractor or subcontractor receives
payment for any application or request for payment or retainage from any owner, contractor,
or subcontractor. (6) “ Owner ” includes the state, and a county, township, municipal corporation, school district,
or other political subdivision of the state, and any public agency, authority, board,
commission, instrumentality, or special district of or in the state or a county, township,
municipal corporation, school district, or other political subdivision of the state,
and any officer or agent thereof and relates to all the interests either legal or
equitable, which a person may have in the real estate upon which improvements are
made, including interests held by any person under contracts of purchase, whether
in writing or otherwise.
Frequently Asked Questions About Ohio § 4113.61
What does Ohio Revised Code § 4113.61 cover?
Section 4113.61 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 4113.61?
A common citation format is "Ohio Revised Code § 4113.61" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 4113.61 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.