Ohio Code 1312.05 – Contractor’s response to notice of defects – offer to inspect or settle claim
(A) A residential contractor shall provide the owner with a good faith written response to any notice provided pursuant to section 1312.04 of the Revised Code. The response shall be provided within twenty-one days after the owner mailed the notice, delivered it by personal delivery, or transmitted it by telegram, facsimile, or electronic mail. In the response, the contractor shall offer to take one of the following actions:
Terms Used In Ohio Code 1312.05
- Dwelling action: means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect. See Ohio Code 1312.01
- in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
- Owner: means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit. See Ohio Code 1312.01
- Property: means real and personal property. See Ohio Code 1.59
- Residential building: includes any structure that is used as a model to promote the sale of a similar dwelling house. See Ohio Code 1312.01
- Residential contractor: means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building. See Ohio Code 1312.01
(1) Inspect the residential building that is the subject of the claim;
(2) Compromise and settle the claim without an inspection;
(3) Dispute the claim.
(B) If a contractor fails to respond as required by division (A) of this section or disputes the claim, an owner is deemed to have complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.
(C)(1) If an owner rejects a contractor’s offer to inspect the property or to compromise and settle a claim, the owner shall notify the contractor of that rejection within fourteen days after receiving the contractor’s offer. The rejection notice shall be in writing and include a reason for the rejection.
(2) After providing a rejection notice, an owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor.