Ohio Rev. Code » Chapter 4115
Ohio Revised Code

Ohio Rev. Code § 4115.16 (2026)

Filing complaint

✓ current as of May 2026
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Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
PDF:
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(A) An interested party may file a complaint with the director of commerce alleging a specific violation of sections 4115.03 to 4115.16 of the Revised Code by a specific contractor or subcontractor. The complaint shall be in writing on a form furnished by the director and shall include sufficient evidence to justify the complaint. The director, upon receipt of a properly completed complaint, shall investigate pursuant to section 4115.13 of the Revised Code. The director shall not investigate any complaint filed under this section that fails to allege a specific violation or that lacks sufficient evidence to justify the complaint. If the director determines that no violation has occurred or that the violation was not intentional, the interested party may appeal the decision to the court of common pleas of the county where the violation is alleged to have occurred.

(B) Except as otherwise provided in this section, the director or the designated representative shall conclude the investigation conducted under section 4115.13 of the Revised Code and make a determination not later than one hundred twenty days after the complaint is filed. The director or the designated representative may take additional time, of up to ninety days, to conclude the investigation and make a determination if the parties to the complaint are given notice of the extension before the initial one-hundred-twenty-day period expires. The director or the designated representative may take more time than that which is provided in this section to conclude the investigation and make a determination if the director, or the designated representative, and all parties to the complaint agree to a different time frame.

If the director has not ruled on the merits of the complaint within the time provided under this section the interested party may file a complaint in the court of common pleas of the county in which the violation is alleged to have occurred. The complaint may make the contracting public authority a party to the action, but not the director. Contemporaneous with service of the complaint, the interested party shall deliver a copy of the complaint to the director. Upon receipt thereof, the director shall cease investigating or otherwise acting upon the complaint filed pursuant to division (A) of this section. The court in which the complaint is filed pursuant to this division shall hear and decide the case, and upon finding that a violation has occurred, shall make such orders as will prevent further violation and afford to injured persons the relief specified under sections 4115.03 to 4115.16 of the Revised Code. The court's finding that a violation has occurred shall have the same consequences as a like determination by the director. The court may order the director to take such action as will prevent further violation and afford to injured persons the remedies specified under sections 4115.03 to 4115.16 of the Revised Code. Upon receipt of any order of the court pursuant to this section, the director shall undertake enforcement action without further investigation or hearings.

(C) The director shall make available to the parties to any appeal or action pursuant to this section all files, documents, affidavits, or other information in the director's possession that pertain to the matter. The rules generally applicable to civil actions in the courts of this state shall govern all appeals or actions under this section. Any determination of a court under this section is subject to appellate review.

(D) Where, pursuant to this section, a court finds a violation of sections 4115.03 to 4115.16 of the Revised Code, the court shall award attorney fees and court costs to the prevailing party. In the event the court finds that no violation has occurred, the court may award court costs and fees to the prevailing party, other than to the director or the public authority, where the court finds the action brought was unreasonable or without foundation, even though not brought in subjective bad faith.
Notes of Decisions
Cited in 50 cases (4 in the last 5 years), 1984–2023 · leading case: Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009).
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Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). · cites it 16× “Local 33 has filed a prevailing-wage claim on behalf of Cherfan.”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). · cites it 9× “) The court of appeals held that any alleged failure by OBES to comply with its duties under the foregoing prevailing wage law provisions was remediable by an administrative complaint and subsequent appeal to a common pleas court under R.C. 4115.16. R.C. 4115.16 provides: “(A)…”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). · cites it 11× “OBES contended that appellants had an adequate remedy in the ordinary course of law by administrative appeal under R.C. 4115.16. {¶ 5} In October 1997, the court of appeals granted OBES’s motion and dismissed appellants’ complaint.”
United Assn. of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. v. Jack's Heating, Air Conditioning & Plumbing, Inc., 2013 Ohio 144 (Ohio Ct. App. 2013). · cites it 11× “The American Rule and R.C. 4115.16(D) {¶17} Ohio follows the American Rule, which requires that each party bear its own attorney fees and costs during the course of litigation.”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). · cites it 16× “03(F) and has the standing required to pursue administrative and civil remedies under R.C. 4115.16. (Emphasis sic.) Id. at ¶ 19.”
Int'l Bhd. of Elec. Workers v. Vaughn Indus., Inc., 156 Ohio App. 3d 644 (Ohio Ct. App. 2004). · cites it 29× “03 to R.C. 4115.16 because they failed to allege a violation or violations (except for the failure to pay the prevailing wage) of that chapter.”
Int'l Bhd. of Elec. Workers v. Vaughn Indus., L.L.C., 879 N.E.2d 187 (Ohio 2007). · cites it 2× “Vaughn’s answer to the complaint included a request for statutory attorney fees pursuant to R.C. 4115.16 and sanctions pursuant to Civ.”
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). · cites it 5× “R.C. 4115.16. Proceedings instituted in this manner also implicate the remedies specified in R.”
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). · cites it 5× “OVABC also appeals from the trial court's decision granting Rapier's motion for Butler CA2013-07-110 CA2013-07-121 attorney fees pursuant to R.C. 4115.16(D). For the reasons outlined below, we affirm the trial court's decisions as modified.”
Ohio Valley Associated Builders & Contractors v. Kuempel, 949 N.E.2d 582 (Ohio Ct. App. 2011). · cites it 7× “In a cross-appeal, DeBra-Kuempel (“DeBra”) contends that the trial court erred in denying its motion for attorney fees under R.C. 4115.16 and Civ.R. 11. {¶2} The record reflects that OVABC is an association of builders and contractors.”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). · cites it 7× “16(B) allows the interested party to file a complaint with the court of common pleas in the county in which the violation allegedly occurred if the director has not ruled on the merits of the complaint within 60 days.”
Chilli Assocs., Ltd. v. Denti Restaurants, Inc., 2022 Ohio 848 (Ohio Ct. App. 2022). · cites it 4× “The trial court granted the business summary judgment on the union’s claims and ordered the union to pay costs of the proceedings. Id. at ¶ 4.”
Show all 50 citing cases →
— Ohio Rev. Code § 4115.16(A) — 16 cases
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). “Local 33 has filed a prevailing-wage claim on behalf of Cherfan.”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). “) The court of appeals held that any alleged failure by OBES to comply with its duties under the foregoing prevailing wage law provisions was remediable by an administrative complaint and subsequent appeal to a common pleas court under R.C. 4115.16. R.C. 4115.16 provides: “(A)…”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). “OBES contended that appellants had an adequate remedy in the ordinary course of law by administrative appeal under R.C. 4115.16. {¶ 5} In October 1997, the court of appeals granted OBES’s motion and dismissed appellants’ complaint.”
Int'l Bhd. of Elec. Workers v. Vaughn Indus., Inc., 156 Ohio App. 3d 644 (Ohio Ct. App. 2004). “03 to R.C. 4115.16 because they failed to allege a violation or violations (except for the failure to pay the prevailing wage) of that chapter.”
Ohio Valley Associated Builders & Contractors v. Rapier Elec., Inc., 947 N.E.2d 1261 (Ohio Ct. App. 2011). “16(B) allows the interested party to file a complaint with the court of common pleas in the county in which the violation allegedly occurred if the director has not ruled on the merits of the complaint within 60 days.”
— Ohio Rev. Code § 4115.16(B) — 30 cases
Sheet Metal Workers' Int'l Ass'n, Local Union No. 33 v. Gene's Refrigeration, Heating & Air Conditioning, Inc., 2009 Ohio 2747 (Ohio 2009). “Local 33 has filed a prevailing-wage claim on behalf of Cherfan.”
Ohio Valley Associated Builders & Contractors v. Indus. Power Sys., Inc., 941 N.E.2d 849 (Ohio Ct. App. 2010). “03(F) and has the standing required to pursue administrative and civil remedies under R.C. 4115.16. (Emphasis sic.) Id. at ¶ 19.”
State ex rel. Nat'l Elec. Contractors Ass'n v. Ohio Bureau of Emp. Servs., 83 Ohio St. 3d 179 (Ohio 1998). “) The court of appeals held that any alleged failure by OBES to comply with its duties under the foregoing prevailing wage law provisions was remediable by an administrative complaint and subsequent appeal to a common pleas court under R.C. 4115.16. R.C. 4115.16 provides: “(A)…”
Int'l Bhd. of Elec. Workers v. Vaughn Indus., Inc., 156 Ohio App. 3d 644 (Ohio Ct. App. 2004). “03 to R.C. 4115.16 because they failed to allege a violation or violations (except for the failure to pay the prevailing wage) of that chapter.”
State ex rel. Natl. Elec. Contractors Assn., Ohio Conf. v. Ohio Bur. of Emp. Serv., 1998 Ohio 281 (Ohio 1998). “OBES contended that appellants had an adequate remedy in the ordinary course of law by administrative appeal under R.C. 4115.16. {¶ 5} In October 1997, the court of appeals granted OBES’s motion and dismissed appellants’ complaint.”
— Ohio Rev. Code § 4115.16(C) — 2 cases
Int'l Bhd. of Elec. Workers v. Vaughn Indus., Inc., 156 Ohio App. 3d 644 (Ohio Ct. App. 2004). “03 to R.C. 4115.16 because they failed to allege a violation or violations (except for the failure to pay the prevailing wage) of that chapter.”
State v. Buckeye Elec. Co., 466 N.E.2d 894 (Ohio 1984).
— Ohio Rev. Code § 4115.16(D) — 17 cases
United Assn. of Journeymen & Apprentices of the Plumbing & Pipe Fitting Indus. v. Jack's Heating, Air Conditioning & Plumbing, Inc., 2013 Ohio 144 (Ohio Ct. App. 2013). “The American Rule and R.C. 4115.16(D) {¶17} Ohio follows the American Rule, which requires that each party bear its own attorney fees and costs during the course of litigation.”
Ohio Valley Associated Bldrs. & Contrs. v. Rapier Elec., Inc., 2014 Ohio 1477 (Ohio Ct. App. 2014). “OVABC also appeals from the trial court's decision granting Rapier's motion for Butler CA2013-07-110 CA2013-07-121 attorney fees pursuant to R.C. 4115.16(D). For the reasons outlined below, we affirm the trial court's decisions as modified.”
Int'l Bhd. of Elec. Workers v. Vaughn Indus., L.L.C., 879 N.E.2d 187 (Ohio 2007). “Vaughn’s answer to the complaint included a request for statutory attorney fees pursuant to R.C. 4115.16 and sanctions pursuant to Civ.”
Chilli Assocs., Ltd. v. Denti Restaurants, Inc., 2022 Ohio 848 (Ohio Ct. App. 2022). “The trial court granted the business summary judgment on the union’s claims and ordered the union to pay costs of the proceedings. Id. at ¶ 4.”
Bergman v. Monarch Constr. Co., 2010 Ohio 622 (Ohio 2010). “R.C. 4115.16. Proceedings instituted in this manner also implicate the remedies specified in R.”
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