Ohio 136th General Assembly Status: Introduced Bipartisan · 1 R · 1 D cosponsors

HB 288 — Require construction project owners to timely pay contractors

Last action — Reported - Amended

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House. Introduced May 20, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Stalled 30% · moderate confidence

  • Introduced

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (1 R · 1 D) — cross-party backing.

  • Mixed recorded votes

    1 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

To amend section 4113.61 of the Revised Code to require owners of private construction projects to timely pay contractors.

Bill Text

What changed in the latest version

351 added · 350 removed

Plain-language change summary

The recent amendment to Bill HB 288 specifies that when payment is due to contractors for work performed, it must be made either thirty days after the work is certified as complying with approved plans or thirty days after receiving a payment request, whichever is later. This change adds clarity on how payment timelines apply to different types of work, ensuring fair treatment for all contractors. It also emphasizes that if the private owner delays payment, not only will they owe the original payment, but they will also have to pay interest at a rate of eighteen percent per annum starting after the thirty-first day. This is significant as it protects contractors against late payments and incentivizes timely compensation for their work.

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As Introduced 136th General Assembly Regular Session H.
As Reported by the House Small Business Committee 136th General Assembly Regular Session Am.
H.
13 (a) For work performed or materials furnished pursuant to 14 plans, drawings, specifications, or data submitted for approval 15 to a municipal, township, or county building department, or to 16 the superintendent of industrial compliance, pursuant to section 17 H.
13 (a) For work performed or materials furnished pursuant to 14 plans, drawings, specifications, or data submitted for approval 15 to a municipal, township, or county building department, or to 16 the superintendent of industrial compliance, pursuant to section 17 Am.
H.
288 Page 2 As Introduced 3791.04 of the Revised Code and requiring the seal of an 18 architect registered under Chapter 4703.
288 Page 2 As Reported by the House Small Business Committee 3791.04 of the Revised Code and requiring the seal of an 18 architect or landscape architect registered under Chapter 4703.
of the Revised Code or 19 an engineer registered under Chapter 4733.
19 of the Revised Code or an engineer registered under Chapter 20 4733.
of the Revised Code, 20 thirty days after the work performed or materials furnished are 21 certified as complying with the approved plans, drawings, 22 specifications, or data by an architect registered under Chapter 23 4703.
of the Revised Code, thirty days after the work performed 21 or materials furnished are certified as complying with the 22 approved plans, drawings, specifications, or data by an 23 architect or landscape architect registered under Chapter 4703.
of the Revised Code or an engineer registered under 24 Chapter 4733.
24 of the Revised Code or an engineer registered under Chapter 25 4733.
of the Revised Code, or thirty days after 25 receiving the request, whichever is later;
of the Revised Code, or thirty days after receiving the 26 request, whichever is later;
26 (b) For all other work performed or materials furnished, 27 thirty days after receiving the request.
27 (b) For all other work performed or materials furnished, 28 thirty days after receiving the request.
28 The private owner may reduce the amount paid by any 29 retainage provision contained in the contract, invoice, or 30 purchase order between the private owner and contractor, and may 31 withhold amounts that may be necessary to resolve disputed liens 32 or claims involving the work or labor performed or material 33 furnished by the contractor.
29 The private owner may reduce the amount paid by any 30 retainage provision contained in the contract, invoice, or 31 purchase order between the private owner and contractor, and may 32 withhold amounts that may be necessary to resolve disputed liens 33 or claims involving the work or labor performed or material 34 furnished by the contractor.
34 If the private owner fails to comply with division (A)(1) 35 of this section, the private owner shall pay the contractor, in 36 addition to the payment due, interest in the amount of eighteen 37 per cent per annum of the payment due, beginning on the thirty- 38 first day following the private owner's receipt of the payment 39 request from the contractor and ending on the date of full 40 payment of the payment due plus interest to the contractor.
35 If the private owner fails to comply with division (A)(1) 36 of this section, the private owner shall pay the contractor, in 37 addition to the payment due, interest in the amount of eighteen 38 per cent per annum of the payment due, beginning on the thirty- 39 first day following the private owner's receipt of the payment 40 request from the contractor and ending on the date of full 41 payment of the payment due plus interest to the contractor.
41 (2) If a subcontractor or material supplier submits an 42 application or request for payment or an invoice for materials 43 to a contractor in sufficient time to allow the contractor to 44 include the application, request, or invoice in the contractor's 45 own pay request submitted to an owner, the contractor, within 46 ten calendar days after receipt of payment from the owner for 47 H.
42 (2) If a subcontractor or material supplier submits an 43 application or request for payment or an invoice for materials 44 to a contractor in sufficient time to allow the contractor to 45 include the application, request, or invoice in the contractor's 46 own pay request submitted to an owner, the contractor, within 47 Am.
H.
288 Page 3 As Introduced improvements to property, shall pay to the:
288 Page 3 As Reported by the House Small Business Committee ten calendar days after receipt of payment from the owner for 48 improvements to property, shall pay to the:
48 (a) Subcontractor, an amount that is equal to the 49 percentage of completion of the subcontractor's contract allowed 50 by the owner for the amount of labor or work performed;
49 (a) Subcontractor, an amount that is equal to the 50 percentage of completion of the subcontractor's contract allowed 51 by the owner for the amount of labor or work performed;
51 (b) Material supplier, an amount that is equal to all or 52 that portion of the invoice for materials which represents the 53 materials furnished by the material supplier.
52 (b) Material supplier, an amount that is equal to all or 53 that portion of the invoice for materials which represents the 54 materials furnished by the material supplier.
54 The contractor may reduce the amount paid by any retainage 55 provision contained in the contract, invoice, or purchase order 56 between the contractor and the subcontractor or material 57 supplier, and may withhold amounts that may be necessary to 58 resolve disputed liens or claims involving the work or labor 59 performed or material furnished by the subcontractor or material 60 supplier.
55 The contractor may reduce the amount paid by any retainage 56 provision contained in the contract, invoice, or purchase order 57 between the contractor and the subcontractor or material 58 supplier, and may withhold amounts that may be necessary to 59 resolve disputed liens or claims involving the work or labor 60 performed or material furnished by the subcontractor or material 61 supplier.
61 If the contractor fails to comply with division (A)(1) (A) 62 (2) of this section, the contractor shall pay the subcontractor 63 or material supplier, in addition to the payment due, interest 64 in the amount of eighteen per cent per annum of the payment due, 65 beginning on the eleventh day following the receipt of payment 66 from the owner and ending on the date of full payment of the 67 payment due plus interest to the subcontractor or material 68 supplier.
62 If the contractor fails to comply with division (A)(1) (A) 63 (2) of this section, the contractor shall pay the subcontractor 64 or material supplier, in addition to the payment due, interest 65 in the amount of eighteen per cent per annum of the payment due, 66 beginning on the eleventh day following the receipt of payment 67 from the owner and ending on the date of full payment of the 68 payment due plus interest to the subcontractor or material 69 supplier.
69 (2) (3) If a lower tier subcontractor or lower tier 70 material supplier submits an application or request for payment 71 or an invoice for materials to a subcontractor, material 72 supplier, or other lower tier subcontractor or lower tier 73 material supplier in sufficient time to allow the subcontractor, 74 material supplier, or other lower tier subcontractor or lower 75 tier material supplier recipient to include the application, 76 H.
70 (2) (3) If a lower tier subcontractor or lower tier 71 material supplier submits an application or request for payment 72 or an invoice for materials to a subcontractor, material 73 supplier, or other lower tier subcontractor or lower tier 74 material supplier in sufficient time to allow the subcontractor, 75 material supplier, or other lower tier subcontractor or lower 76 Am.
H.
288 Page 4 As Introduced request, or invoice in the subcontractor's, material supplier's, 77 or other lower tier subcontractor's or lower tier material 78 supplier's recipient's own pay request submitted to a 79 contractor, other subcontractor, material supplier, lower tier 80 subcontractor, or lower tier material supplier, the 81 recipientsubcontractor, material supplier, or other lower tier 82 subcontractor or lower tier material supplier, within ten 83 calendar days after receipt of payment from the contractor, 84 other subcontractor, material supplier, lower tier 85 subcontractor, or lower tier material supplier for improvements 86 to property, shall pay to the:
288 Page 4 As Reported by the House Small Business Committee tier material supplier recipient to include the application, 77 request, or invoice in the subcontractor's, material supplier's, 78 or other lower tier subcontractor's or lower tier material 79 supplier's recipient's own pay request submitted to a 80 contractor, other subcontractor, material supplier, lower tier 81 subcontractor, or lower tier material supplier, the 82 recipientsubcontractor, material supplier, or other lower tier 83 subcontractor or lower tier material supplier, within ten 84 calendar days after receipt of payment from the contractor, 85 other subcontractor, material supplier, lower tier 86 subcontractor, or lower tier material supplier for improvements 87 to property, shall pay to the:
87 (a) Lower tier subcontractor, an amount that is equal to 88 the percentage of completion of the lower tier subcontractor's 89 contract allowed by the owner for the amount of labor or work 90 performed;
88 (a) Lower tier subcontractor, an amount that is equal to 89 the percentage of completion of the lower tier subcontractor's 90 contract allowed by the owner for the amount of labor or work 91 performed;
91 (b) Lower tier material supplier, an amount that is equal 92 to all or that portion of the invoice for materials which 93 represents the materials furnished by the lower tier material 94 supplier.
92 (b) Lower tier material supplier, an amount that is equal 93 to all or that portion of the invoice for materials which 94 represents the materials furnished by the lower tier material 95 supplier.
95 The subcontractor, material supplier, lower tier 96 subcontractor, or lower tier material supplier may reduce the 97 amount paid by any retainage provision contained in the 98 contract, invoice, or purchase order between the subcontractor, 99 material supplier, lower tier subcontractor, or lower tier 100 material supplier and the lower tier subcontractor or lower tier 101 material supplier, and may withhold amounts that may be 102 necessary to resolve disputed liens or claims involving the work 103 or labor performed or material furnished by the lower tier 104 subcontractor or lower tier material supplier.
96 The subcontractor, material supplier, lower tier 97 subcontractor, or lower tier material supplier may reduce the 98 amount paid by any retainage provision contained in the 99 contract, invoice, or purchase order between the subcontractor, 100 material supplier, lower tier subcontractor, or lower tier 101 material supplier and the lower tier subcontractor or lower tier 102 material supplier, and may withhold amounts that may be 103 necessary to resolve disputed liens or claims involving the work 104 or labor performed or material furnished by the lower tier 105 subcontractor or lower tier material supplier.
105 If the subcontractor, material supplier, lower tier 106 H.
106 Am.
H.
288 Page 5 As Introduced subcontractor, or lower tier material supplier fails to comply 107 with division (A)(2) (A)(3) of this section, the subcontractor, 108 material supplier, lower tier subcontractor, or lower tier 109 material supplier shall pay the lower tier subcontractor or 110 lower tier material supplier, in addition to the payment due, 111 interest in the amount of eighteen per cent per annum of the 112 payment due, beginning on the eleventh day following the receipt 113 of payment from the contractor, other subcontractor, material 114 supplier, lower tier subcontractor, or lower tier material 115 supplier and ending on the date of full payment of the payment 116 due plus interest to the lower tier subcontractor or lower tier 117 material supplier.
288 Page 5 As Reported by the House Small Business Committee If the subcontractor, material supplier, lower tier 107 subcontractor, or lower tier material supplier fails to comply 108 with division (A)(2) (A)(3) of this section, the subcontractor, 109 material supplier, lower tier subcontractor, or lower tier 110 material supplier shall pay the lower tier subcontractor or 111 lower tier material supplier, in addition to the payment due, 112 interest in the amount of eighteen per cent per annum of the 113 payment due, beginning on the eleventh day following the receipt 114 of payment from the contractor, other subcontractor, material 115 supplier, lower tier subcontractor, or lower tier material 116 supplier and ending on the date of full payment of the payment 117 due plus interest to the lower tier subcontractor or lower tier 118 material supplier.
118 (3) (4) If a contractor receives any final retainage from 119 the owner for improvements to property, the contractor shall pay 120 from that retainage each subcontractor and material supplier the 121 subcontractor's or material supplier's proportion of the 122 retainage, within ten calendar days after receipt of the 123 retainage from the owner, or within the time period provided in 124 a contract, invoice, or purchase order between the contractor 125 and the subcontractor or material supplier, whichever time 126 period is shorter, provided that the contractor has determined 127 that the subcontractor's or material supplier's work, labor, and 128 materials have been satisfactorily performed or furnished and 129 that the owner has approved the subcontractor's or material 130 supplier's work, labor, and materials.
119 (3) (4) If a contractor receives any final retainage from 120 the owner for improvements to property, the contractor shall pay 121 from that retainage each subcontractor and material supplier the 122 subcontractor's or material supplier's proportion of the 123 retainage, within ten calendar days after receipt of the 124 retainage from the owner, or within the time period provided in 125 a contract, invoice, or purchase order between the contractor 126 and the subcontractor or material supplier, whichever time 127 period is shorter, provided that the contractor has determined 128 that the subcontractor's or material supplier's work, labor, and 129 materials have been satisfactorily performed or furnished and 130 that the owner has approved the subcontractor's or material 131 supplier's work, labor, and materials.
131 If the contractor fails to pay a subcontractor or material 132 supplier within the appropriate time period, the contractor 133 shall pay the subcontractor or material supplier, in addition to 134 the retainage due, interest in the amount of eighteen per cent 135 per annum of the retainage due, beginning on the eleventh day 136 following the receipt of the retainage from the owner and ending 137 H.
132 If the contractor fails to pay a subcontractor or material 133 supplier within the appropriate time period, the contractor 134 shall pay the subcontractor or material supplier, in addition to 135 the retainage due, interest in the amount of eighteen per cent 136 per annum of the retainage due, beginning on the eleventh day 137 Am.
H.
288 Page 6 As Introduced on the date of full payment of the retainage due plus interest 138 to the subcontractor or material supplier.
288 Page 6 As Reported by the House Small Business Committee following the receipt of the retainage from the owner and ending 138 on the date of full payment of the retainage due plus interest 139 to the subcontractor or material supplier.
139 (4) (5) If a subcontractor, material supplier, lower tier 140 subcontractor, or lower tier material supplier receives any 141 final retainage from the contractor or other subcontractor, 142 lower tier subcontractor, or lower tier material supplier for 143 improvements to property, the recipientsubcontractor, material 144 supplier, lower tier subcontractor, or lower tier material 145 supplier shall pay from that retainage each lower tier 146 subcontractor subcontractor's or lower tier the lower tier 147 subcontractor's or lower tier material supplier's proportion of 148 the retainage, within ten calendar days after receipt of payment 149 from the contractor or other subcontractor, lower tier 150 subcontractor, or lower tier material supplier, or within the 151 time period provided in a contract, invoice, or purchase order 152 between the subcontractor, material supplier, lower tier 153 subcontractor, or lower tier material supplier and the lower 154 tier subcontractor or lower tier material supplier, whichever 155 time period is shorter, provided that the subcontractor, 156 material supplier, lower tier subcontractor, or lower tier 157 material supplier recipient has determined that the lower tier 158 subcontractor's or lower tier material supplier's work, labor, 159 and materials have been satisfactorily performed or furnished 160 and that the owner has approved the lower tier subcontractor's 161 or lower tier material supplier's work, labor, and materials.
140 (4) (5) If a subcontractor, material supplier, lower tier 141 subcontractor, or lower tier material supplier receives any 142 final retainage from the contractor or other subcontractor, 143 lower tier subcontractor, or lower tier material supplier for 144 improvements to property, the recipientsubcontractor, material 145 supplier, lower tier subcontractor, or lower tier material 146 supplier shall pay from that retainage each lower tier 147 subcontractor subcontractor's or lower tier the lower tier 148 subcontractor's or lower tier material supplier's proportion of 149 the retainage, within ten calendar days after receipt of payment 150 from the contractor or other subcontractor, lower tier 151 subcontractor, or lower tier material supplier, or within the 152 time period provided in a contract, invoice, or purchase order 153 between the subcontractor, material supplier, lower tier 154 subcontractor, or lower tier material supplier and the lower 155 tier subcontractor or lower tier material supplier, whichever 156 time period is shorter, provided that the subcontractor, 157 material supplier, lower tier subcontractor, or lower tier 158 material supplier recipient has determined that the lower tier 159 subcontractor's or lower tier material supplier's work, labor, 160 and materials have been satisfactorily performed or furnished 161 and that the owner has approved the lower tier subcontractor's 162 or lower tier material supplier's work, labor, and materials.
162 If the subcontractor, material supplier, lower tier 163 subcontractor, or lower tier material supplier recipient fails 164 to pay the lower tier subcontractor or lower tier material 165 supplier within the appropriate time period, the subcontractor, 166 material supplier, lower tier subcontractor, or lower tier 167 material supplier recipient shall pay the lower tier 168 H.
163 If the subcontractor, material supplier, lower tier 164 subcontractor, or lower tier material supplier recipient fails 165 to pay the lower tier subcontractor or lower tier material 166 supplier within the appropriate time period, the subcontractor, 167 material supplier, lower tier subcontractor, or lower tier 168 Am.
H.
288 Page 7 As Introduced subcontractor or lower tier material supplier, in addition to 169 the retainage due, interest in the amount of eighteen per cent 170 per annum of the retainage due, beginning on the eleventh day 171 following the receipt of the retainage from the contractor or 172 other subcontractor, lower tier subcontractor, or lower tier 173 material supplier and ending on the date of full payment of the 174 retainage due plus interest to the lower tier subcontractor or 175 lower tier material supplier.
288 Page 7 As Reported by the House Small Business Committee material supplier recipient shall pay the lower tier 169 subcontractor or lower tier material supplier, in addition to 170 the retainage due, interest in the amount of eighteen per cent 171 per annum of the retainage due, beginning on the eleventh day 172 following the receipt of the retainage from the contractor or 173 other subcontractor, lower tier subcontractor, or lower tier 174 material supplier and ending on the date of full payment of the 175 retainage due plus interest to the lower tier subcontractor or 176 lower tier material supplier.
176 (5) (6) A contractor, subcontractor, or lower tier 177 subcontractor shall pay a laborer wages due within ten days of 178 payment of any application or request for payment or the receipt 179 of any retainage from an owner, contractor, subcontractor, or 180 lower tier subcontractor.
177 (5) (6) A contractor, subcontractor, or lower tier 178 subcontractor shall pay a laborer wages due within ten days of 179 payment of any application or request for payment or the receipt 180 of any retainage from an owner, contractor, subcontractor, or 181 lower tier subcontractor.
181 If the contractor, subcontractor, or lower tier 182 subcontractor fails to pay the laborer wages due within the 183 appropriate time period, the contractor, subcontractor, or lower 184 tier subcontractor shall pay the laborer, in addition to the 185 wages due, interest in the amount of eighteen per cent per annum 186 of the wages due, beginning on the eleventh day following the 187 receipt of payment from the owner, contractor, subcontractor, or 188 lower tier subcontractor and ending on the date of full payment 189 of the wages due plus interest to the laborer.
182 If the contractor, subcontractor, or lower tier 183 subcontractor fails to pay the laborer wages due within the 184 appropriate time period, the contractor, subcontractor, or lower 185 tier subcontractor shall pay the laborer, in addition to the 186 wages due, interest in the amount of eighteen per cent per annum 187 of the wages due, beginning on the eleventh day following the 188 receipt of payment from the owner, contractor, subcontractor, or 189 lower tier subcontractor and ending on the date of full payment 190 of the wages due plus interest to the laborer.
190 (B)(1) If a contractor, subcontractor, material supplier, 191 lower tier subcontractor, or lower tier material supplier person 192 owing payment under division (A) of this section has not made 193 payment in compliance with that division (A)(1), (2), (3), (4), 194 or (5) of this section within thirty days after payment is due, 195 a subcontractor, material supplier, lower tier subcontractor, 196 lower tier material supplier, or laborer the person owed payment 197 may file a civil action to recover the amount due plus the 198 H.
191 (B)(1) If a contractor, subcontractor, material supplier, 192 lower tier subcontractor, or lower tier material supplier person 193 owing payment under division (A) of this section has not made 194 payment in compliance with that division (A)(1), (2), (3), (4), 195 or (5) of this section within thirty days after payment is due, 196 a subcontractor, material supplier, lower tier subcontractor, 197 lower tier material supplier, or laborer the person owed payment 198 Am.
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288 Page 8 As Introduced interest provided in those divisions.
288 Page 8 As Reported by the House Small Business Committee may file a civil action to recover the amount due plus the 199 interest provided in those divisions.
If the court finds in the 199 civil action that a contractor, subcontractor, material 200 supplier, lower tier subcontractor, or lower tier material 201 supplier the person owing payment has not made payment in 202 compliance with those divisions division (A) of this section, 203 the court shall award the interest specified in those 204 divisionsthat division, in addition to the amount due.
If the court finds in the 200 civil action that a contractor, subcontractor, material 201 supplier, lower tier subcontractor, or lower tier material 202 supplier the person owing payment has not made payment in 203 compliance with those divisions division (A) of this section, 204 the court shall award the interest specified in those 205 divisionsthat division, in addition to the amount due.
Except as 205 provided in division (B)(3) of this section, the court shall 206 award the prevailing party reasonable attorney fees and court 207 costs.
Except as 206 provided in division (B)(3) of this section, the court shall 207 award the prevailing party reasonable attorney fees and court 208 costs.
208 (2) In making a determination to award attorney fees under 209 division (B)(1) of this section, the court shall consider all 210 relevant factors, including but not limited to the following:
209 (2) In making a determination to award attorney fees under 210 division (B)(1) of this section, the court shall consider all 211 relevant factors, including but not limited to the following:
211 (a) The presence or absence of good faith allegations or 212 defenses asserted by the parties;
212 (a) The presence or absence of good faith allegations or 213 defenses asserted by the parties;
213 (b) The proportion of the amount of recovery as it relates 214 to the amount demanded;
214 (b) The proportion of the amount of recovery as it relates 215 to the amount demanded;
215 (c) The nature of the services rendered and the time 216 expended in rendering the services.
216 (c) The nature of the services rendered and the time 217 expended in rendering the services.
217 (3) The court shall not award attorney fees under division 218 (B)(1) of this section if the court determines, following a 219 hearing on the payment of attorney fees, that the payment of 220 attorney fees to the prevailing party would be inequitable.
218 (3) The court shall not award attorney fees under division 219 (B)(1) of this section if the court determines, following a 220 hearing on the payment of attorney fees, that the payment of 221 attorney fees to the prevailing party would be inequitable.
221 (C) This section does not apply to any construction or 222 improvement of any single-, two-, or three-family detached 223 dwelling houses.
222 (C) This section does not apply to any construction or 223 improvement of any single-, two-, or three-family detached 224 dwelling houses.
224 (D)(1) No provision of this section regarding entitlement 225 to interest, attorney fees, or court costs may be waived by 226 agreement and any such term in any contract or agreement is void 227 H.
225 (D)(1) No provision of this section regarding entitlement 226 to interest, attorney fees, or court costs may be waived by 227 Am.
H.
288 Page 9 As Introduced and unenforceable as against public policy.
288 Page 9 As Reported by the House Small Business Committee agreement and any such term in any contract or agreement is void 228 and unenforceable as against public policy.
228 (2) This (a) Subject to division (D)(2)(b) of this 229 section, this section shall not be construed as impairing or 230 affecting, in any way, the terms and conditions of any contract, 231 invoice, purchase order, or any other agreement between a any of 232 the following:
229 (2) This (a) Subject to division (D)(2)(b) of this 230 section, this section shall not be construed as impairing or 231 affecting, in any way, the terms and conditions of any contract, 232 invoice, purchase order, or any other agreement between a any of 233 the following:
233 (i) An owner and a contractor;
234 (i) An owner and a contractor;
234 (ii) A contractor and a subcontractor or a material 235 supplier or between a;
235 (ii) A contractor and a subcontractor or a material 236 supplier or between a;
236 (iii) A subcontractor and another subcontractor, a 237 material supplier, a lower tier subcontractor, or a lower tier 238 material supplier, except that if such .
237 (iii) A subcontractor and another subcontractor, a 238 material supplier, a lower tier subcontractor, or a lower tier 239 material supplier, except that if such .
239 (b) If terms and conditions described in division (D)(2) 240 (a) of this section contain time periods which that are longer 241 than any of the time periods specified in divisions (A)(1), (2), 242 (3), (4), and (5), and (6) of this section or interest at a 243 percentage less than the interest stated in those divisions, 244 then the provisions of this section shall prevail over such 245 terms and conditions.
240 (b) If terms and conditions described in division (D)(2) 241 (a) of this section contain time periods which that are longer 242 than any of the time periods specified in divisions (A)(1), (2), 243 (3), (4), and (5), and (6) of this section or interest at a 244 percentage less than the interest stated in those divisions, 245 then the provisions of this section shall prevail over such 246 terms and conditions.
246 (E) Notwithstanding the definition of lower tier material 247 supplier in this section, a person is not a lower tier material 248 supplier unless the materials supplied by the person are:
247 (E) Notwithstanding the definition of lower tier material 248 supplier in this section, a person is not a lower tier material 249 supplier unless the materials supplied by the person are:
249 (1) Furnished with the intent, as evidenced by the 250 contract of sale, the delivery order, delivery to the site, or 251 by other evidence that the materials are to be used on a 252 particular structure or improvement;
250 (1) Furnished with the intent, as evidenced by the 251 contract of sale, the delivery order, delivery to the site, or 252 by other evidence that the materials are to be used on a 253 particular structure or improvement;
253 (2) Incorporated in the improvement or consumed as normal 254 wastage in the course of the improvement;
254 (2) Incorporated in the improvement or consumed as normal 255 Am.
or 255 H.
H.
288 Page 10 As Introduced (3) Specifically fabricated for incorporation in the 256 improvement and not readily resalable in the ordinary course of 257 the fabricator's business even if not actually incorporated in 258 the improvement.
288 Page 10 As Reported by the House Small Business Committee wastage in the course of the improvement;
259 (F) This section does not apply to any agreement:
or 256 (3) Specifically fabricated for incorporation in the 257 improvement and not readily resalable in the ordinary course of 258 the fabricator's business even if not actually incorporated in 259 the improvement.
260 (1) To explore, produce, or develop oil, natural gas, 261 natural gas liquids, synthetic gas, sulphur, ore, or other 262 mineral substances, including any lease or royalty agreement, 263 joint interest agreement, production or production-related 264 agreement, operating agreement, farmout agreement, area of 265 mutual interest agreement, or other related agreement;
260 (F) This section does not apply to any agreement:
266 (2) For any well or mine services;
261 (1) To explore, produce, or develop oil, natural gas, 262 natural gas liquids, synthetic gas, sulphur, ore, or other 263 mineral substances, including any lease or royalty agreement, 264 joint interest agreement, production or production-related 265 agreement, operating agreement, farmout agreement, area of 266 mutual interest agreement, or other related agreement;
267 (3) To purchase, sell, gather, store, or transport oil, 268 natural gas, natural gas liquids, synthetic gas, or other 269 hydrocarbon substances by pipeline or by a fixed, associated 270 facility.
267 (2) For any well or mine services;
271 (G) As used in this section:
268 (3) To purchase, sell, gather, store, or transport oil, 269 natural gas, natural gas liquids, synthetic gas, or other 270 hydrocarbon substances by pipeline or by a fixed, associated 271 facility.
272 (1) "Agreement" includes a written or oral agreement or 273 understanding for either of the following:
272 (G) As used in this section:
274 (a) To provide work or services for a pipeline, including 275 any construction, operating, repair, or maintenance services;
273 (1) "Agreement" includes a written or oral agreement or 274 understanding for either of the following:
276 (b) To perform a part of the services covered by division 277 (G)(1)(a) of this section or an act collateral to those 278 services, including furnishing or renting equipment, incidental 279 transportation, or other goods and services furnished in 280 connection with those services.
275 (a) To provide work or services for a pipeline, including 276 any construction, operating, repair, or maintenance services;
281 (2) "Contractor" means any person who undertakes to 282 construct, alter, erect, improve, repair, demolish, remove, dig, 283 H.
277 (b) To perform a part of the services covered by division 278 (G)(1)(a) of this section or an act collateral to those 279 services, including furnishing or renting equipment, incidental 280 transportation, or other goods and services furnished in 281 connection with those services.
282 Am.
H.
288 Page 11 As Introduced or drill any part of a structure or improvement under a contract 284 with an owner, a "construction manager" or "construction manager 285 at risk" as those terms are defined in section 9.33 of the 286 Revised Code, or a "design-build firm" as that term is defined 287 in section 153.65 of the Revised Code.
288 Page 11 As Reported by the House Small Business Committee (2) "Contractor" means any person who undertakes to 283 construct, alter, erect, improve, repair, demolish, remove, dig, 284 or drill any part of a structure or improvement under a contract 285 with an owner, a "construction manager" or "construction manager 286 at risk" as those terms are defined in section 9.33 of the 287 Revised Code, or a "design-build firm" as that term is defined 288 in section 153.65 of the Revised Code.
288 (2) (3) "Laborer," "material supplier," "subcontractor," 289 and "wages" have the same meanings as in section 1311.01 of the 290 Revised Code.
289 (2) (3) "Laborer," "material supplier," "subcontractor," 290 and "wages" have the same meanings as in section 1311.01 of the 291 Revised Code.
291 (3) (4) "Lower tier subcontractor" means a subcontractor 292 who is not in privity of contract with a contractor but is in 293 privity of contract with another subcontractor.
292 (3) (4) "Lower tier subcontractor" means a subcontractor 293 who is not in privity of contract with a contractor but is in 294 privity of contract with another subcontractor.
294 (4) (5) "Lower tier material supplier" means a material 295 supplier who is not in privity of contract with a contractor but 296 is in privity of contract with another subcontractor or a 297 material supplier.
295 (4) (5) "Lower tier material supplier" means a material 296 supplier who is not in privity of contract with a contractor but 297 is in privity of contract with another subcontractor or a 298 material supplier.
298 (5) (6) "Owner" means the holder of any right, title, or 299 interest, either legal or equitable, in the real estate upon 300 which improvements are made, including interests held under a 301 contract of purchase, whether in writing or otherwise.
299 (5) (6) "Owner" means the holder of any right, title, or 300 interest, either legal or equitable, in the real estate upon 301 which improvements are made, including interests held under a 302 contract of purchase, whether in writing or otherwise.
302 (7) "Private owner" means an owner that is not a public 303 owner.
303 (7) "Private owner" means an owner that is not a public 304 owner.
304 (8) "Public owner" means an owner that is the state, or a 305 county, township, municipal corporation, school district, or 306 other political subdivision of the state, or any public agency, 307 authority, board, commission, instrumentality, or special 308 district of or in the state, and any officer or agent thereof.
305 (8) "Public owner" means an owner that is the state, or a 306 county, township, municipal corporation, school district, or 307 other political subdivision of the state, or any public agency, 308 authority, board, commission, instrumentality, or special 309 district of or in the state, and any officer or agent thereof.
309 (9) "Wages due" means the wages due to a laborer as of the 310 date a contractor or subcontractor receives payment for any 311 application or request for payment or retainage from any owner, 312 H.
310 (9) "Wages due" means the wages due to a laborer as of the 311 Am.
H.
288 Page 12 As Introduced contractor, or subcontractor.
288 Page 12 As Reported by the House Small Business Committee date a contractor or subcontractor receives payment for any 312 application or request for payment or retainage from any owner, 313 contractor, or subcontractor.
313 (6) "Owner" includes the state, and a county, township, 314 municipal corporation, school district, or other political 315 subdivision of the state, and any public agency, authority, 316 board, commission, instrumentality, or special district of or in 317 the state or a county, township, municipal corporation, school 318 district, or other political subdivision of the state, and any 319 officer or agent thereof and relates to all the interests either 320 legal or equitable, which a person may have in the real estate 321 upon which improvements are made, including interests held by 322 any person under contracts of purchase, whether in writing or 323 otherwise.
314 (6) "Owner" includes the state, and a county, township, 315 municipal corporation, school district, or other political 316 subdivision of the state, and any public agency, authority, 317 board, commission, instrumentality, or special district of or in 318 the state or a county, township, municipal corporation, school 319 district, or other political subdivision of the state, and any 320 officer or agent thereof and relates to all the interests either 321 legal or equitable, which a person may have in the real estate 322 upon which improvements are made, including interests held by 323 any person under contracts of purchase, whether in writing or 324 otherwise.
324 (10) "Well or mine services" includes any of the 325 following:
325 (10) "Well or mine services" includes any of the 326 following:
326 (a) Drilling, deepening, reworking, repairing, improving, 327 testing, treating, perforating, acidizing, logging, 328 conditioning, purchasing, gathering, storing, or transporting 329 oil or natural gas, brine water, fresh water, produced water, 330 condensate, petroleum products, or other liquid commodities, or 331 otherwise rendering services in connection with a well drilled 332 to produce or dispose of oil, gas, or other minerals or water;
327 (a) Drilling, deepening, reworking, repairing, improving, 328 testing, treating, perforating, acidizing, logging, 329 conditioning, purchasing, gathering, storing, or transporting 330 oil or natural gas, brine water, fresh water, produced water, 331 condensate, petroleum products, or other liquid commodities, or 332 otherwise rendering services in connection with a well drilled 333 to produce or dispose of oil, gas, or other minerals or water;
333 (b) Designing, excavating, constructing, improving, or 334 otherwise rendering services in connection with an oil, gas, or 335 other mineral production platform or facility, mine shaft, 336 drift, or other structure intended directly for use in exploring 337 for or producing a mineral.
334 (b) Designing, excavating, constructing, improving, or 335 otherwise rendering services in connection with an oil, gas, or 336 other mineral production platform or facility, mine shaft, 337 drift, or other structure intended directly for use in exploring 338 for or producing a mineral.
338 Section 2.
339 Section 2.
That existing section 4113.61 of the Revised 339 Code is hereby repealed.
That existing section 4113.61 of the Revised 340 Am.
340 Section 3.
H.
Sections 1 and 2 of this act take effect six 341 H.
288 Page 13 As Introduced months after the effective date of this section.
288 Page 13 As Reported by the House Small Business Committee Code is hereby repealed.
342
341 Section 3.
Sections 1 and 2 of this act take effect six 342 months after the effective date of this section.
343
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Action History

  1. As Reported by the House Small Business Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 132 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (132)

132 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

House — Favorable Passage

Passed 8 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 4000
Republican 4400
Total 8400
% of votes cast 67%33%0%0%
How each member voted (12)
Member Party Vote
Crystal Lett Democratic Yea
Darnell T. Brewer Democratic Yea
Mark Sigrist Democratic Yea
Terrence Upchurch Democratic Yea
Brian Lampton Republican Yea
Haraz N. Ghanbari Republican Yea
Levi Dean Republican Nay
Mark Hiner Republican Nay
Matthew Kishman Republican Yea
Michelle Teska Republican Nay
Riordan T. McClain Republican Nay
Steve Demetriou Republican Yea

Official roll call →

Reported

Failed 8 Yea · 4 Nay
Party YeaNayPresentNot Voting
Republican 4400
Democratic 4000
Total 8400
% of votes cast 67%33%0%0%
How each member voted (12)
Member Party Vote
Crystal Lett Democratic Yea
Darnell T. Brewer Democratic Yea
Mark Sigrist Democratic Yea
Terrence Upchurch Democratic Yea
Brian Lampton Republican Yea
Haraz N. Ghanbari Republican Yea
Levi Dean Republican Nay
Mark Hiner Republican Nay
Matthew Kishman Republican Yea
Michelle Teska Republican Nay
Riordan T. McClain Republican Nay
Steve Demetriou Republican Yea

Official roll call →

Subjects

housing labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 288 do?
To amend section 4113.61 of the Revised Code to require owners of private construction projects to timely pay contractors.
Who sponsors HB 288?
HB 288 is sponsored by Bill Roemer (Republican) and Bride Rose Sweeney (Democratic).
What is the current status of HB 288?
This bill has been introduced in the House. Introduced May 20, 2025. It must pass committee before a floor vote.
Where can I track HB 288?
Track HB 288 free on One Click Politics — get push/email alerts when it moves.

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