Ohio Rev. Code » Chapter 1311
Ohio Revised Code

Ohio Rev. Code § 1311.28 (2026)

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

✓ current as of May 2026
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Effective:
March 30, 2007
Latest Legislation:
House Bill 487 - 126th General Assembly
PDF:
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Upon receiving the affidavit required by section 1311.26 of 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 section 1311.261 of 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 section 1311.26 of the Revised Code.

The public authority shall place any detained funds in an escrow account as provided for under section 153.63 of 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 section 1311.26 of the Revised Code or upon a failure to commence suit as provided in section 1311.311 of the Revised Code.
Notes of Decisions
Cited in 20 cases (1 in the last 5 years), 1967–2022 · leading case: State ex rel. Gen. Elec. Supply Co. v. Jordano Elec. Co., 558 N.E.2d 1173 (Ohio 1990).
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State ex rel. Gen. Elec. Supply Co. v. Jordano Elec. Co., 558 N.E.2d 1173 (Ohio 1990). · cites it 12× “sworn and itemized statement of the amount and value of such labor performed, and material, fuel, or *69 machinery furnished, * * * containing a description of any promissory notes that have been given by the principal contractor or subcontractor to the lien claimant on account…”
Poenisch v. Kingsley-Dunbar, Inc., 582 N.E.2d 1071 (Ohio Ct. App. 1990). · cites it 6× “Plaintiffs requested that the state pay interest on funds previously held by the state relying upon R.C. 1311.28 in support of their motion. The trial court sustained plaintiffs’ motion, and it is from this judgment which defendant state appeals.”
Lee Turzillo Contracting Co. v. Cincinnati Metro. Hous. Auth., 225 N.E.2d 255 (Ohio 1967). · cites it 4× “” ‘ ‘ Section 1311.28. Upon receiving the notice required by Section 1311.”
In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993). · cites it 6× “Rather than interpreting ORC §§ 1311.01-.24 and .26-32 as distinctly applying to private and public projects respectively, as the UCC suggests, National argues that § 1311.”
State Ex Rel. Gray Road Fill, Inc. v. Wray, 673 N.E.2d 198 (Ohio Ct. App. 1996). · cites it 4× “Pursuant to R.C. 1311.28, ODOT detained $6,320 from 5.”
State ex rel. Dinneen Excavating Co. v. Sykes, 531 N.E.2d 1309 (Ohio 1988). · cites it 14× “R.C. 1311.28 provides that: “Upon receiving the notice required by section 1311.”
L.E. Myers Co. v. Jordano Elec. Co., 547 N.E.2d 1014 (Ohio Ct. App. 1988). · cites it 3× “R.C. 1311.28 states that an owner, upon receiving the subcontractor’s R.”
Ohio Ex Rel. Star Supply, Div. of Star Indus., Inc. v. City of Greenfield, 528 F. Supp. 955 (S.D. Ohio 1981). · cites it 2× “02, placing the detained funds in an escrow account pursuant to O.R.C. § 1311.28. In October and again in December of 1979, the delegate of the Secretary of the Treasury made assessments against Rural Water for unpaid federal income withholding and Federal Insurance…”
Wandling v. Ohio Dep't of Transp., 604 N.E.2d 825 (Ohio Ct. App. 1992). · cites it 2× “Section 1311.28” in the Gallia County Common Pleas Court.”
Akron Concrete Corp. v. Medina City Sch. Dist. Bd. of Edn., 2012 Ohio 2971 (Ohio Ct. App. 2012). · cites it 5× “R.C. 1311.28. Within five days of receiving the affidavit, the public authority must serve on the principal contractor a copy of the affidavit, together with a notice that the principal contractor has twenty days to give notice of its intention to dispute the claim.”
Kirk Bros. Co., Inc. v. Trucraft Constr., L.L.C., 2017 Ohio 7281 (Ohio Ct. App. 2017). · cites it 3× “Blanchester argued that the court should construe Trucraft's claim as a tort because "the alleged negligent failure to preserve and detain funds in compliance with R.C. § 1311.28 is a separate and distinct cause of action sounding in negligence.”
First Response Metering, LLC v. City of Wilmington (S.D. Ohio 2022). · cites it 4× “” Ohio Rev. Code § 1311.28. The detained funds are to be placed in an escrow account and “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” who filed the…”
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