Ohio § 1311.15

§ 1311.15.

(A) The lien of a subcontractor is superior to any already taken or to be taken by the

original contractor in respect of the same labor, work, or material, and the liens

of laborers, material suppliers, and subcontractors to an original contractor or subcontractor,

are superior to any lien already taken or to be taken by such original contractor

or subcontractor indebted to them in respect of such labor, work, or material.  An assignment or transfer by the original contractor or subcontractor, of the contract

with the owner or original contractor, as well as all proceedings in attachment, or

otherwise, against the original contractor or subcontractor, to subject or encumber

the original contractor's or subcontractor's interest in such contract, is subject

to the claims of every laborer, subcontractor, or material supplier who performs any

labor or work or furnishes any material in furtherance of any improvement in accordance

with this chapter. (B)(1) An owner, part owner, lessee, or public authority may pay directly the claim of any

subcontractor or material supplier who serves a notice of furnishing pursuant to section 1311.05 or 1311.261 of the Revised Code , or the claim of any laborer.  If the owner, part owner, lessee, or public authority pays such claim, the owner,

part owner, lessee, or public authority has a right to a setoff or credit, in an amount

equal to the amount paid, against the original contractor or principal contractor

who employed the subcontractor, material supplier, or laborer paid by the owner, part

owner, lessee, or public authority under division (B)(1) of this section. (2) A principal contractor, an original contractor, or a subcontractor may pay directly

the claim of any subcontractor or material supplier who serves a notice of furnishing

pursuant to section 1311.05 or 1311.261 of the Revised Code , or the claim of any laborer.  A principal contractor, original contractor, or subcontractor who pays such a claim

has a right to a setoff or credit, in an amount equal to the amount paid, against

the subcontractor who employed the subcontractor, material supplier, or laborer paid

by the principal contractor, original contractor, or subcontractor under division

(B)(2) of this section. (C) The failure of an original or principal contractor, subcontractor, material supplier,

or laborer to properly exercise the rights provided by this chapter does not limit

the right to pursue any other legal or equitable remedy.