Ohio Rev. Code » Chapter 153
Ohio Revised Code

Ohio Rev. Code § 153.56 (2026)

Creditor shall furnish statement of amount due - service of notice of furnishing

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
PDF:
Download Authenticated PDF
 

(A) Any person to whom any money is due for labor or work performed or materials furnished in a public improvement as provided in section 153.54 of the Revised Code, at any time after performing the labor or work or furnishing the materials, but not later than ninety days after the completion of the contract by the principal contractor or design-build firm and the acceptance of the public improvement for which the bond was provided by the duly authorized board or officer, shall furnish the sureties on the bond, a statement of the amount due to the person.

(B) A suit shall not be brought against sureties on the bond until after sixty days after the furnishing of the statement described in division (A) of this section. If the indebtedness is not paid in full at the expiration of that sixty days, and if the person complies with division (C) of this section, the person may bring an action in the person's own name upon the bond, as provided in sections 2307.06 and 2307.07 of the Revised Code, that action to be commenced, notwithstanding section 2305.12 of the Revised Code, not later than one year from the date of acceptance of the public improvement for which the bond was provided.

(C) To exercise rights under this section, a subcontractor or materials supplier supplying labor or materials that cost more than thirty thousand dollars, who is not in direct privity of contract with the principal contractor or design-build firm for the public improvement, shall serve a notice of furnishing upon the principal contractor or design-build firm in the form provided in section 1311.261 of the Revised Code.

(D) A subcontractor or materials supplier who serves a notice of furnishing under division (C) of this section as required to exercise rights under this section has the right of recovery only as to amounts owed for labor and work performed and materials furnished during and after the twenty-one days immediately preceding service of the notice of furnishing.

(E) For purposes of this section:

(1) "Design-build firm" has the same meaning as in section 153.65 of the Revised Code.

(2) "Principal contractor" has the same meaning as in section 1311.25 of the Revised Code, and may include a "construction manager at risk" as defined in section 9.33 of the Revised Code.
Notes of Decisions
Cited in 6 cases, 1967–2017 · leading case: Thomas Steel, Inc. v. Wilson Bennett, Inc., 711 N.E.2d 1029 (Ohio Ct. App. 8th Dist. 1998).
Sort: Relevance Newest Treatment
Thomas Steel, Inc. v. Wilson Bennett, Inc., 711 N.E.2d 1029 (Ohio Ct. App. 8th Dist. 1998). · cites it 28× “On January 5,1996, Wilson Bennett’s counsel sent Thomas Steel formal written notice that Wilson Bennett and Safeco denied Thomas Steel’s bond claim under the statute of limitations set forth in R.C. 153.56, since the project was accepted on December 14, 1993 and Thomas Steel had…”
Dunbar & Sullivan Dredging Co. v. John R. Jurgensen Co., 44 F.R.D. 467 (S.D. Ohio 1967). · cites it 2× “Dunbar alleges a demand, and a refusal of that ■demand, and, on July 21, 1965, within a period of 90 days after acceptance of the Ohio State Highway Project by the ■State of Ohio, Dunbar furnished American with a statement of the amount due it under its contract with Jurgensen,…”
Horning-Wright Co. v. Great Am. Ins., 500 N.E.2d 890 (Ohio Ct. App. 9th Dist. 1985). “56 which provides as follows: “Any person, firm, or corporation to whom any money is due on account of having performed any labor or furnished any material in the construction * * * of any public building * * * at any time after performing such labor or furnishing such material,…”
PS Com. Play, L.L.C. v. Harp Contrs., Inc., 2017-Ohio-4011. “” The complaint provides that Play & Park also “notified Ohio Farmers of the amount due in accordance with” R.C. 153.56(A), and that Ohio Farmers has refused to pay the amount due.”
Hanson Aggregates Davon v. J & H Reinforcing & Structural Erectors, Inc., 2014-Ohio-4832. “{¶11} R.C. 153.56 provides, in pertinent part, as follows: “(A) Any person to whom any money is due for labor or work performed or materials furnished in a public improvement as provided in section 153.”
Bailey Lumber Co. v. Ohio Dep't of Nat. Resources, 607 N.E.2d 533 (Ohio Ct. App. 10th Dist. 1992). “Appellant argues that it met the requirements of R.C. 153.56 and was, therefore, entitled to collect under the bond.”
Ohio Rev. Code § 153.56(A): 1 case
PS Com. Play, L.L.C. v. Harp Contrs., Inc., 2017-Ohio-4011. “” The complaint provides that Play & Park also “notified Ohio Farmers of the amount due in accordance with” R.C. 153.56(A), and that Ohio Farmers has refused to pay the amount due.”
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.