Ohio § 1333.42

§ 1333.42.

(A) As used in this section and section 1333.41 of the Revised Code , “ public or private construction project ” means a construction project that is for public or private purposes and that is

located, in whole or in part, in this state or another state. (B) If a bailee for hire performs services or provides materials with respect to any

personal property of the owner of, or principal contractor associated with, a public

or private construction project, and if the bailee for hire obtains a lien with respect

to that personal property pursuant to section 1333.41 of the Revised Code or the common law of this state in order to secure the reasonable value of the services

that he performed or of the materials that he provided, then the owner or principal

contractor may cause the lien to be discharged by depositing a bond as described in

division (C) of this section with the clerk of the court of common pleas of the county

in which the bailee for hire holds the personal property subject to the lien, and,

if necessary, by complying with division (D) of this section. (C) The bond necessary to cause the discharge of a lien as described in division (B)

of this section shall satisfy all of the following: (1) The bond shall be written by a surety that is authorized to execute bonds in this

state; (2) Except as otherwise provided in this division, the bond shall be in an amount that

at least equals twice the reasonable value of the services that the bailee for hire

performed, the materials that the bailee for hire provided, or both, as claimed by

the bailee for hire.  The amount of the bond may exceed, but is not required to exceed, twice the value

of the personal property subject to the lien. (3) The bond shall be conditioned that the owner of, or the principal contractor associated

with, a public or private construction project who deposits the bond, will satisfy,

in full, any judgment rendered against that owner or principal contractor in a civil

action that the bailee for hire commences, within one year following the date of the

deposit, to obtain the reasonable value of the services that he performed or of the

materials that he provided. (D) If a bailee for hire who obtains a lien as described in division (B) of this section

and the owner of, or the principal contractor associated with, a public or private

construction project whose personal property is subject to the lien do not agree as

to the value of the personal property subject to the lien, then, prior to depositing

a bond as described in division (C) of this section with the clerk of the court of

common pleas of the county in which the bailee for hire holds the personal property

subject to the lien, the owner or principal contractor shall file an application with

that court in order to obtain a judicial determination of that value.  If such an application is filed, then, after notice to the bailee for hire and the

owner or principal contractor, the court shall hold a hearing on the application and

then render a determination as to that value.  The hearing shall be held within ten days following the date that the notice is

so given. (E) If a bond as described in division (C) of this section is deposited in accordance

with this section, and if the bailee for hire who possesses the personal property

subject to the lien described in division (A) of this section then fails to return

the personal property to the owner of, or the principal contractor associated with,

the public or private construction project who deposited the bond, then the owner

or principal contractor may file an application with the court of common pleas of

the county in which the bailee for hire holds the personal property to obtain an order

requiring the bailee for hire to return the personal property to the owner or principal

contractor.  After notice to the bailee for hire and the owner or principal contractor, the court

shall hold a hearing on the application, which hearing shall be held within ten days

following the date that the notice is so given.  If, following the hearing, the court determines that the bond complies with division

(C) of this section and was deposited in accordance with this section, it shall issue

the requested order.