As used in sections 4703.20 to 4703.206 of the Revised Code:

Terms Used In Ohio Code 4703.20

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Property: means real and personal property. See Ohio Code 1.59
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • state: means the state of Ohio. See Ohio Code 1.59

(A) “Architect” means an individual, partnership, corporation, or association providing architect services pursuant to this chapter. “Architect” does not include a landscape architect registered under this chapter.

(B)(1)(a) “Commercial real estate” means any parcel of real estate in this state other than real estate containing or intended to contain one-to-four residential units.

(b) “Commercial real estate” includes any improvement made to or with regard to such a parcel.

(2) “Commercial real estate” does not include either of the following:

(a) Single-family residential units such as condominiums, townhouses, manufactured homes or industrialized units as defined in section 3781.06 of the Revised Code, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;

(b) Real estate owned by a public authority as defined in section 1311.25 of the Revised Code.

(C) “Improvement” means all of the following:

(1) Designing, planning, constructing, erecting, altering, repairing, demolishing, removing, or providing other construction services with regard to any of the following:

(a) Any building or appurtenance thereto;

(b) A fixture, bridge, or other structure;

(c) Any gas pipeline or well, including a well drilled or constructed for the production of oil or gas.

(2) The furnishing of tile for the drainage of any lot or land;

(3) The excavation, cleanup, or removal of hazardous material or waste from real property;

(4) The enhancement or embellishment of real property by seeding, sodding, or the planting thereon of any plants;

(5) The grading or filling to establish a grade.

(D) “Owner” means a person who has a legal or equitable interest in commercial real estate, including a contingent interest, pursuant to an agreement or contract, and who enters into a written contract with an architect for services to be provided with regard to any such interest in the commercial real estate.

Last updated July 14, 2021 at 12:30 PM

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