Ohio Revised Code

Ohio Rev. Code § 1311.10 (2026)

Presumptions

✓ laws through the 2026 session (checked Sept. 2026)

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Effective:

April 16, 1993

Latest Legislation:

Senate Bill 338 - 119th General Assembly

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(A) Any person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.01 to 1311.22 of the Revised Code is presumed to be the authorized agent of all part owners of the real property, except when the relationship between the person contracting for the improvement and the other part owners is that of lessee and lessor or sublessee and sublessor.

(B) Any person who contracts for improvements provided in a home construction contract, as defined in section 1311.011 of the Revised Code, is presumed to be the agent for his spouse.

(C) The presumptions established by this section may be overcome only by clear and convincing evidence.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1953–2025 · leading case: Cuspide Props., Ltd. v. Earl Mech. Servs., 2015-Ohio-5019, 53 N.E.3d 818.

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Cuspide Props., Ltd. v. Earl Mech. Servs., 2015-Ohio-5019, 53 N.E.3d 818. “R.C. 1311.10. Though an agency relationship is not presumed between a lessor and lessee, a lessor’s interest in property can be reached by a mechanic’s lien if the lessee is determined to be the agent of the lessor.”

Martin v. Becker, 2025-Ohio-2356. “See R.C. 1311.10(A). {¶ 34} Nevertheless, the record demonstrates that all the Beckers had standing to bring their counterclaims.”

Panzica Constr. Co. v. Bridgeview Crossing, L.L.C., 2015-Ohio-3478, 39 N.E.3d 529. “See R.C. 1311.10(A) (stating that “[a]ny person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.”

Emerling v. Aaron, 116 N.E.2d 36 (Ohio Ct. App. 8th Dist. 1953). · cites it 4× “We recognize the fact that Section 1311.10, Revised Code, dealing with the “husband as authorized agent of wife who is owner” has no application here.”

Ohio Rev. Code § 1311.10(A): 2 cases

Martin v. Becker, 2025-Ohio-2356. “See R.C. 1311.10(A). {¶ 34} Nevertheless, the record demonstrates that all the Beckers had standing to bring their counterclaims.”

Panzica Constr. Co. v. Bridgeview Crossing, L.L.C., 2015-Ohio-3478, 39 N.E.3d 529. “See R.C. 1311.10(A) (stating that “[a]ny person who contracts for an improvement to real property which gives rise to lien rights under sections 1311.”

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