Ohio Revised Code

Ohio Rev. Code § 153.13 (2026)

Estimates of labor and materials - funds in escrow account

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

At the time named in the contract for payment to the person with whom it is made, the owner referred to in section 153.01 or 153.12 of the Revised Code shall approve a full, accurate, and detailed estimate of the various kinds of labor performed and material furnished under the contract, with the amount due for each kind of labor and material and the materials and amount due in the aggregate, which estimate shall be based upon actual measurement of such labor and materials, and shall give the amounts of the preceding estimate, and the amount of labor performed and materials furnished since the last estimate. When the major portion of the project is substantially completed and occupied, or in use, or otherwise accepted, and there exists no other reason to withhold retainage, the retained percentages held in connection with such portion and interest thereon accrued shall, within thirty days of substantial completion of, occupation of, use of, or acceptance of the project, be paid to the primary contractor, withholding only that amount reasonably necessary to assure final completion of the project. Any retained funds withheld after substantial completion of, occupation of, use of, or acceptance of the project, and pending final completion of the project, and interest thereon accrued shall be paid to the primary contractor not later than thirty days after the date of final completion of the project. Nothing in this section shall be construed as a limitation upon the authority of the director of transportation granted in Chapter 5525. of the Revised Code.

Last updated July 31, 2025 at 3:55 PM

Notes of Decisions
Cited in 4 cases, 1984–2016 · leading case: State ex rel. Fenske v. McGovern, 464 N.E.2d 525 (Ohio 1984).
Sort: Relevance Newest Treatment
State ex rel. Fenske v. McGovern, 464 N.E.2d 525 (Ohio 1984). · cites it 10× “dly presently due him for longevity pay, future actions would be necessary if respondents continued in the future to refuse to make similar payment, and the result of such an action would be to obtain a money judgment which would have to be enforced in some fashion to compel…”
R.J. Wildner Contracting Co. v. Ohio Tpk. Comm'n, 913 F. Supp. 1031 (N.D. Ohio 1996). · cites it 2× “The OTC claims that the escrow agreement was entered into pursuant to Ohio Rev.Code §§ 153.13 and 153.63. Ohio Rev.”
Colaianni Constr., Inc. v. Indian Creek Local Sch. Dist., 2016 Ohio 8156 (Ohio Ct. App. 2016). · cites it 5× “The court found: the school district took occupancy of the building in January 2013; the retainage was to be paid within 30 days of occupancy under R.C. 153.13; -5- the school district refused to pay the retainage then or upon the contractor’s demand; the special conditions in…”
Nat'l Elec. Contractors Ass'n v. City of Mentor, 108 Ohio App. 3d 373 (Ohio Ct. App. 1995). “2d 1026 , syllabus, the court held as follows: “A charter municipality, in the exercise of its powers of local self-government under Section 3 of Article XVIII of the Constitution of Ohio, may, pursuant to its charter, enact retainage provisions for a contract for improvements…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.