Ohio Code 1312.06 – Owner’s acceptance of contractor’s offer – inspection – action by owner
(A) If an owner accepts a residential contractor‘s offer to inspect the residential building, the owner shall notify the contractor of that acceptance within fourteen days. After accepting the offer to inspect, the owner shall allow the contractor reasonable access to the building during normal working hours. The contractor shall inspect the building within fourteen days after the owner accepts the offer. The contractor shall take reasonable measures to determine the nature and cause of the construction defects and the appropriate remedy. The measures the contractor takes may include, but are not limited to, testing.
Terms Used In Ohio Code 1312.06
- Construction defect: means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. See Ohio Code 1312.01
- 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
- 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
(B) Within ten days after a residential contractor conducts an inspection as described in this section, the contractor shall provide the owner with one of the following:
(1) A written offer to remedy the defects at no cost to the owner. The offer shall be accompanied by an inspection report, a prediction of the additional construction work necessary to remedy each defect, and a timetable for completing the work necessary to remedy the defects.
(2) A written offer to settle the claim;
(3) A written statement asserting that the contractor does not intend to remedy the defects.
(C) An owner has complied with this chapter and may commence arbitration proceedings or file a dwelling action without further notice to the contractor if any of the following occur:
(1) The contractor does not inspect the property within fourteen days after the owner accepts the offer to inspect.
(2) Following an inspection, the contractor does not provide a written response.
(3) The contractor responds that the contractor does not intend to remedy the defects.
(4) The contractor fails to remedy the defects in the manner the contractor describes or within the timetable the contractor provides.
(D) If a residential contractor makes or provides for repairs or replacements to remedy a construction defect, the contractor may take reasonable steps to document the repair or replacement and to inspect the repair or replacement or have it inspected.
(E) If an owner accepts an offer that a residential contractor makes in compliance with this chapter to compromise and settle the claim, to remedy the defects, or to settle the claim and the contractor fulfills that offer in compliance with this chapter, the owner is barred from bringing a dwelling action or commencing arbitration proceedings for the claim.