Ohio Rev. Code » Chapter 1311
Ohio Revised Code

Ohio Rev. Code § 1311.311 (2026)

Notice to commence suit

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Effective:
April 10, 1991
Latest Legislation:
House Bill 238 - 118th General Assembly
PDF:
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Any public authority or any principal contractor or subcontractor who receives a copy of the affidavit required by section 1311.26 of the Revised Code, as provided in section 1311.31 of the Revised Code, may notify the claimant or his agent, to commence suit. Proof that this notice was served in accordance with section 1311.19 of the Revised Code, may be made by affidavit filed with the public authority or clerk or agent thereof. If the claimant fails to commence suit within sixty days after the date of the service of the notice, the affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds are to be released to the principal contractor. This section does not preclude the collection of the claim in any manner in which any claim may otherwise be collected.

An affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds upon which it is sought to be imposed wholly discharged from the affidavit filed pursuant to section 1311.26 of the Revised Code if the principal contractor or any subcontractor or interested party acting in his name gives the notice to commence suit and files with the public authority, a bond in the amount equal to one and one-half of the claim in favor of the claimant, executed by sufficient surety, approved in writing by the public authority, and conditioned upon the payment of any judgment upon the claim, plus costs.

If the public authority fails to discharge the affidavit filed pursuant to section 1311.26 of the Revised Code and make payment, the principal contractor or subcontractor may file an action in the court of common pleas of the county in which the property is located except that if the action is against a state officer, the principal contractor or subcontractor shall file the action in the court of common pleas of Franklin county. If the court determines in the action that the public authority improperly failed to discharge the affidavit and make payment, the court may award reasonable attorney fees.

The bond is void upon the failure of the claimant to commence suit within sixty days after the date of the service of the notice or, if the claimant commences suit within the required time period, upon the satisfaction of any judgment that is entered in favor of the claimant, upon final judgment against the claimant, or upon dismissal of the suit for any reason.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1969–2021 · leading case: Kirk Bros. Co. v. Trucraft Constr., L.L.C., 2017-Ohio-7281, 97 N.E.3d 27.
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Kirk Bros. Co. v. Trucraft Constr., L.L.C., 2017-Ohio-7281, 97 N.E.3d 27. · cites it 8× “That cause of action is entitled "To Foreclose, Enforce and Discharge Liens, and Enforce Payment Pursuant to Ohio R.C. § 1311.311 against Blanchester." The claim alleged that Trucraft complied with all statutory requirements to perfect a mechanic's lien relating to its work on…”
Banks v. City of Cincinnati, 508 N.E.2d 966 (Ohio Ct. App. 1st Dist. 1986). “In this state, the General Assembly has specifically provided in the realm of public improvements that the lien remedies afforded by statute do not preclude the collection of a subcontractor’s claim in any manner in which the claim may otherwise be lawfully collected.”
Neal-Crane Co. v. Trio Constr. Servs., Inc., 583 N.E.2d 993 (Ohio Ct. App. 10th Dist. 1989). · cites it 17× “When plaintiff received notice to commence suit pursuant to R.C. 1311.311, it filed the instant cause on November 3, 1987.”
First Response Metering, LLC v. City of Wilmington, No. 1:20-cv-00329 (S.D. Ohio Mar. 29, 2021). · cites it 4× “32 and § 1311.311 mandate exclusive jurisdiction for First Response’s cause of action in state court; and/or (2) this Court should abstain from exercising jurisdiction over this case.”
Miller-Yount Paving v. Freeman Cargo, No. 98 C.A. 226 (Ohio Ct. App. 7th Dist. Mar. 30, 2000). · cites it 2× “26 of the Revised Code or upon a failure to commence suit as provided in section 1311.311." (Emphasis added.) In either April or May of 1994 various parties met to discuss resolution of Miller-Yount's lien.”
Johnson Serv. Co. v. United Bonding Ins., 246 N.E.2d 918 (Ohio Ct. App. 1st Dist. 1969). · cites it 2× “The Court of Common Pleas erred in granting judgment because the plaintiff failed to commence suit within thirty days after notice to do so, as required by Section 1311.311, Revised Code. Consequently, the judgment rendered below is reversed and final judgment rendered for the…”
Selective Ins. Co. of Am. v. Ohio Dept. of Rehab. & Corr., 2012-Ohio-6357. “) {¶ 32} Pursuant to the above-cited rule, Selective still has a claim against ODRC to recover the payments Selective made to Buckeye on behalf of DDC inasmuch as Buckeye, as an intended beneficiary of the bond, had a right to enforce Selective’s secondary obligation in an…”
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