Ohio § 1311.28 Public authority to detain funds upon receipt of affidavit - escrow account

Ohio Statutes

§ 1311.28 — Public authority to detain funds upon receipt of affidavit - escrow account

Ohio § 1311.28

Title 13Commercial Transactions

Ch. 1311Liens

This text of Ohio § 1311.28 (Public authority to detain funds upon receipt of affidavit - escrow account) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 1311.28 (2026).

Text

Upon receiving the affidavit required by section1311.26of the Revised Code, the public authority shall detain from the principal contractor or from the balance of the funds remaining in the contract with the principal contractor, an amount, up to the balance remaining in the contract, that does not in the aggregate exceed the claim or claims.

The public authority shall not detain any amount requested by a claimant who is required by section1311.261of the Revised Code to serve a notice of furnishing, unless the claimant has provided to the public authority a copy of the notice of furnishing and a sworn statement as to the date the notice of furnishing was served to the principal contractor, or by a claimant who is a laborer, unless the laborer serves an affidavit upon the public authority 

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Upon receiving the affidavit required by section1311.26of the Revised Code, the public authority shall detain from the principal contractor or from the balance of the funds remaining in the contract with the principal contractor, an amount, up to the balance remaining in the contract, that does not in the aggregate exceed the claim or claims.

The public authority shall not detain any amount requested by a claimant who is required by section1311.261of the Revised Code to serve a notice of furnishing, unless the claimant has provided to the public authority a copy of the notice of furnishing and a sworn statement as to the date the notice of furnishing was served to the principal contractor, or by a claimant who is a laborer, unless the laborer serves an affidavit upon the public authority pursuant to section1311.26of the Revised Code.

The public authority shall place any detained funds in an escrow account as provided for under section153.63of the Revised Code, to be released at the times, in the amounts, and to the persons ordered by a court of competent jurisdiction or by agreement of the principal contractor and the subcontractor, material supplier, or laborer who filed the affidavit provided for in section1311.26of the Revised Code or upon a failure to commence suit as provided in section1311.311of the Revised Code.