Ohio § 1311.46

§ 1311.46.

When a lien claim under section 1311.45 of the Revised Code cannot be adjusted between the parties interested, it may be submitted to the arbitration

of three disinterested persons, one to be chosen by each of the parties, and one by

the two thus chosen.  Their decision, or that of any two of them, in the absence of fraud or collusion,

is final and conclusive on the parties.  If any claim is disputed and is not settled or submitted to arbitration, the claimant,

in such case, shall commence an action on his claim before the proper tribunal, within

forty days after notice that it has been disputed, and prosecute it to final judgment

without delay.  The amount thus ascertained or adjudicated shall then be paid by the railroad owner.  After notice given as provided in section 1311.45 of the Revised Code , if no objection is filed against such claim within ten days after the expiration

of the term for service of notice, then the contractor or subcontractor has waived

all objections to such claim, and, as against such contractor or subcontractor, it

is correct.