Ohio Rev. Code » Chapter 735 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 735.05

Contracts, material, and labor

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Effective:
September 30, 2025
Latest Legislation:
House Bill 96 - 136th General Assembly
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The director of public service may make any contract, purchase supplies or material, or provide labor for any work under the supervision of the department of public service involving not more than the amount specified in section 9.17 of the Revised Code. When an expenditure within the department, other than the compensation of persons employed in the department, exceeds the amount specified in section 9.17 of the Revised Code, the expenditure shall first be authorized and directed by ordinance of the city legislative authority. When so authorized and directed, except where the contract is for equipment, services, materials, or supplies to be purchased under division (D) of section 713.23 or section 125.04 or 5513.01 of the Revised Code or available from a qualified nonprofit agency pursuant to section 125.601 of the Revised Code, the director shall make a written contract with the lowest and best bidder after advertisement for not less than two nor more than four consecutive weeks in a newspaper of general circulation within the city or as provided in section 7.16 of the Revised Code. No expenditure subject to this section shall be divided into component parts, separate projects, or separate items of work in order to avoid the requirements of this section.

Last updated July 28, 2025 at 12:05 PM

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1961–2024 · leading case: Cedar Bay Construction, Inc. v. City of Fremont
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Cedar Bay Construction, Inc. v. City of Fremont (1990) ohio · cites it 2× “” R.C. 735.05. The intent of competitive bidding, under either the state statutes or a municipal charter, is “* * * to provide for open and honest competition in bidding for public contracts and to save the public harmless, as well as bidders themselves, from any kind of…”
BFI Waste Systems v. City of Garfield Heights (1994) ohioctapp · cites it 4× “R.C. 735.05; Altschul v. Springfield (1933), 48 Ohio App.”
Prime Contractors, Inc. v. City of Girard (1995) ohioctapp · cites it 5× “void for violation of R.C. 735.05 and 153.12. “The trial court erred in failing to declare the alleged contract between the City of Girard and Gennaro Pavers, Inc.”
Cleveland Construction, Inc. v. City of Cincinnati (2008) ohio · cites it 2× “” R.C. 735.05. The Cincinnati Municipal Code also requires the city to select the “lowest and best bidder,” but provides the city with broad discretion to “reject any bid for any reason.”
Hardrives Paving & Construction, Inc. v. City of Niles (1994) ohioctapp “” R.C. 735.05 governs the present situation.”
Kokosing Construction Co. v. Dixon (1991) ohioctapp “II Kokosing states in its first assignment of error: “The trial court erred in not finding that the city of Dayton’s failure to award Kokosing Contract No. 5 constituted an abuse of discretion.”
State v. Stinebaugh (2024) ohioctapp · cites it 11× “03 contains the following provision: The Director of Public Service and Safety is hereby authorized to execute public contracts for the purchase of supplies, materials or labor as provided in Ohio R.C. 735.05. The version of R.C. 735.0516 that was in effect at the time of the…”
State ex rel. Waldick v. Williams (1995) ohio · cites it 3× “However, R.C. 735.05 provides: “The director of public service may make any contract, purchase supplies or material, or provide labor for any work under the supervision of the department of public service involving not more than ten thousand dollars.”
Bale Contracting, Inc. v. City of Westerville (1982) ohioctapp “465 ], Finally, R.C. 735.05 requires that public contracts be awarded to the “lowest and best bidder.”
Greater Cincinnati Plumbing Contractors' Ass'n v. City of Blue Ash (1995) ohioctapp “” R.C. 735.05. We, therefore, hold that the city’s use of design-build bidding for public improvements was a proper exercise of its home-rule power under its charter and that the use of this bidding process did not violate its charter.”
Kemo v. City of St. Clairsville (1998) ohioctapp “02(A), and that Bigler’s alternate offer to have appellee perform inspector duties as an independent contractor on an as-needed basis was not comparable to the “hybrid” position because the offer was not approved by council as required by R.C. 735.05. Appellant filed this timely…”
National Electrical Contractors Ass'n v. City of Mentor (1995) ohioctapp · cites it 4× “03, Article VII provides: "The Manager may, within the amounts and items appropriated by Council, make purchases and enter into contracts on behalf of the City involving expenditures less than the amount for *380 which bids are required pursuant to Section 735.05 of the Ohio…”
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