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Ohio Revised Code

Ohio Rev. Code § 1311.25 (2026)

Public improvement definitions

✓ current as of May 2026

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Effective:

March 30, 2007

Latest Legislation:

House Bill 487 - 126th General Assembly

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As used in sections 1311.25 to 1311.32 of the Revised Code:

(A) "Public improvement" means any construction, reconstruction, improvement, enlargement, alteration, demolition, or repair of a building, highway, drainage system, water system, road, street, alley, sewer, ditch, sewage disposal plant, water works, and any other structure or work of any nature by a public authority.

(B) "Public authority" includes the state, and a county, township, municipal corporation, school district, or other political subdivision of the state, and any public agency, authority, board, commission, instrumentality, or special district of or in the state or a county, township, municipal corporation, school district, or other political subdivision of the state, and any officer or agent thereof.

(C) "Material supplier" includes any person by whom any materials are furnished in furtherance of a public improvement.

(D) "Laborer" includes any mechanic, worker, artisan, or other individual who performs labor or work in furtherance of any public improvement.

(E) "Subcontractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any public improvement under a contract with any person other than the public authority.

(F) "Principal contractor" includes any person who undertakes to construct, alter, erect, improve, repair, demolish, remove, dig, or drill any part of any public improvement under a contract with a public authority.

(G) "Materials" means all products and substances including, without limitation, any gasoline, lubricating oil, petroleum products, powder, dynamite, blasting supplies and other explosives, tools, equipment, or machinery furnished in furtherance of a public improvement.

(H) "Wages" has the same meaning as "prevailing wage" in division (E) of section 4115.03 of the Revised Code.

(I) "Notice of commencement" means the notice specified in section 1311.252 of the Revised Code.

(J) "Notice of furnishing" means the notice specified in section 1311.261 of the Revised Code.

Notes of Decisions

Cited in 9 cases (3 in the last 5 years), 1993–2022 · leading case: In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993).

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In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993). · cites it 3× “22 [these exclude ORC §§ 1311.25 to 1311.32 which deal with public projects] .”

Regulic v. Columbus, 2022 Ohio 1034 (Ohio Ct. App. 2022). “01(C)(2)(l) (so is "[t]he provision or No. 21AP-268 3 nonprovision, planning or design, construction, or reconstruction of a public improvement, including, but not limited to, a sewer system"); R.”

City of Cincinnati v. Scheer & Scheer Dev., 862 N.E.2d 122 (Ohio Ct. App. 2006). · cites it 10× “One of the lien holders, Jindal, filed a cross-claim for a lien on public funds against the city-under R.C. 1311.25 through 1311.38. {¶ 9} Eventually, the magistrate found that the project was not a public improvement because the city was not an owner of the property.”

Thomas Steel, Inc. v. Wilson Bennett, Inc., 711 N.E.2d 1029 (Ohio Ct. App. 1998). · cites it 3× “” R.C. 1311.25 states that “ ‘Public improvement’ means any construction, reconstruction, improvement, enlargement, alteration, demolition or repair of a building, highway, * * * and any other structure or work of any nature by a public authority.”

Kirk Bros. Co., Inc. v. Trucraft Constr., L.L.C., 2017 Ohio 7281 (Ohio Ct. App. 2017). · cites it 3× “Selective Ins. Co. of Am. v. Ohio Dept. of Rehab.”

City of Conneaut v. Allegheny Sur. Co., 716 N.E.2d 760 (Ohio Ct. App. 1998). · cites it 3× “Fithian filed a perfected mechanic’s lien pursuant to R.C. 1311.25 et seq. against the sum held by Conneaut in the amount of $22,400, and assigned and transferred this mechanic’s lien to Allegheny on June 14, 1996.”

First Response Metering, LLC v. City of Wilmington (S.D. Ohio 2022). · cites it 4× “See Ohio Rev. Code §§ 1311.25–33. To establish the lien, a subcontractor must: serve the public authority an affidavit stating the amount due and unpaid for the labor and work performed and material furnished, when the last of the labor or work was performed and when the last of…”

First Response Metering, LLC v. City of Wilmington (S.D. Ohio 2021). · cites it 2× “Pursuant to this Court’s diversity jurisdiction, First Response brings one cause of action against Wilmington under Ohio Rev. Code § 1311.25, et seq. in order to enforce an asserted lien claim against Wilmington.”

Mosser Constr., Inc. v. Travelers Indem. Co., 665 F. Supp. 2d 875 (N.D. Ohio 2009). · cites it 2× “54(J) adopts the definitions in Ohio's mechanic's lien statute, R.C. § 1311.25, which provides in pertinent part: (C) "Material supplier” includes any person by whom any materials are furnished in furtherance of a public improvement.”

— Ohio Rev. Code § 1311.25(A) — 3 cases

Regulic v. Columbus, 2022 Ohio 1034 (Ohio Ct. App. 2022). “01(C)(2)(l) (so is "[t]he provision or No. 21AP-268 3 nonprovision, planning or design, construction, or reconstruction of a public improvement, including, but not limited to, a sewer system"); R.”

City of Cincinnati v. Scheer & Scheer Dev., 862 N.E.2d 122 (Ohio Ct. App. 2006). “One of the lien holders, Jindal, filed a cross-claim for a lien on public funds against the city-under R.C. 1311.25 through 1311.38. {¶ 9} Eventually, the magistrate found that the project was not a public improvement because the city was not an owner of the property.”

First Response Metering, LLC v. City of Wilmington (S.D. Ohio 2022). “See Ohio Rev. Code §§ 1311.25–33. To establish the lien, a subcontractor must: serve the public authority an affidavit stating the amount due and unpaid for the labor and work performed and material furnished, when the last of the labor or work was performed and when the last of…”

— Ohio Rev. Code § 1311.25(B) — 1 case

City of Cincinnati v. Scheer & Scheer Dev., 862 N.E.2d 122 (Ohio Ct. App. 2006). “One of the lien holders, Jindal, filed a cross-claim for a lien on public funds against the city-under R.C. 1311.25 through 1311.38. {¶ 9} Eventually, the magistrate found that the project was not a public improvement because the city was not an owner of the property.”

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