Recent Ohio Construction Law… Changes

Any assistance to help increase public construction activity (or make it easier) would certainly be welcome these days, so thank you to the Ohio Legislature, for the following new amendments (except, perhaps for "Amendment No. 4" below):

1) Ohio HB 509- Effective September 28, 2012

The competitive bidding thresholds for cities, villages, specified boards, and sanitary districts are increased to $50,000;

2) Ohio HB 487 (repealing Ohio RC Sections 2909.32-.33)-Effective September 10, 2012

“Declarations of Material Assistance” are no longer required to be submitted by persons bidding on public projects;

3) Ohio Am. Sub. HB 135- Effective September 28, 2012

Prevailing wage thresholds for new “vertical construction projects”(vs. bridge, road work) were increased from $125,000.00 to $200,000.00 beginning 9/28/2012, and will increase to $250,000.00 beginning 9/28/2013. Vertical reconstruction thresholds were also increased;

 

4) Ohio Sub. SB 224- Effective September 28, 2012

While not limited to public construction contracts, Ohio Sub. SB 224 generally shortens the “statute of limitations” (or the law establishing the period within which one is able to bring legal action) upon a written agreement or contract from 15 years to 8 years after the cause of action accrued. Current exceptions to Ohio’s statute of limitations for written contracts (ORC 2305.06) dealing with unclaimed funds, and contracts for the sale of goods (pursuant to UCC 2-725) remain in effect. Obviously, political subdivisions won’t be too happy about this one, but public construction project bidders should be pleased.