Ohio Revised Code Search
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Section 1311.77 | Owner may obtain release of aircraft by filing surety bond.
...Code may release the owner's aircraft from the lien by filing with a court having jurisdiction in the county in which the labor that is the basis of the lien was performed, in which the aircraft was stored, or in which the materials that are the basis of the lien were furnished, a bond, payable to the lien claimant, for the full amount owed to the lien claimant as stated in an affidavit filed pursuant to section 1311... |
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Section 1311.78 | Notifying lien claimant to commence suit.
...section 1311.73 of the Revised Code to commence suit on the lien. (B)(1) The owner shall serve a written notice to commence suit on the lien claimant by certified mail, return receipt requested, at the address of the lien claimant or his agent as stated in the lien claimant's affidavit or at the address of the lien claimant as stated in writing in a delivery to the owner subsequent to the owner's receipt of the affi... |
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Section 1311.79 | Maintaining lien after notice to commence suit.
...(A) After receipt of a notice to commence suit pursuant to section 1311.78 of the Revised Code, a lien claimant may maintain a lien that is perfected pursuant to section 1311.73 of the Revised Code if, within sixty days after receipt of the notice, he complies with division (C) of this section and files for record with the United States federal aviation administration an affidavit that contains all of the following i... |
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Section 1311.80 | Award of attorney's fees.
... lien in a court in which an action is commenced pursuant to sections 1311.71 to 1311.79 of the Revised Code, the court may award reasonable attorney's fees to the prevailing party as justice and equity require. |
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Section 1311.85 | Broker's lien on commercial realty definitions.
...apter 4735. of the Revised Code. (B) "Commercial real estate" means any parcel of real estate in this state other than real estate containing one to four residential units. "Commercial real estate" does not include single-family residential units such as condominiums, townhouses, manufactured housing, or homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even though these ... |
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Section 1311.86 | Broker's lien on commercial real estate.
...ts made under the contract prior to the time of the owner's default. (4) The amount of a lien for services related to purchasing any interest in commercial real estate is limited to the amount due to the broker pursuant to the contract. If the amount due to the broker is payable in installments, the amount of the lien is limited to the amount of all installment payments due to the broker over the life of the c... |
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Section 1311.87 | Perfection of lien.
...d on the affidavit the date and precise time the affidavit was presented for record, and shall record the affidavit. The recorder shall charge and collect the fees set forth in section 317.32 of the Revised Code for the recorder's services. (2)(a) The lien affidavit shall include the name of the broker who has the lien, the name of the owner of the lien property, a legal description of the lien property, the amount... |
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Section 1311.88 | Proceedings to enforce lien.
... Failure to file a complaint within the time specified in this division extinguishes the lien, in which case no subsequent lien affidavit may be recorded for the same claim and the claim may not be asserted in any proceeding under this section. (3) A complaint shall identify the contract upon which the lien is based and the date of the contract, describe the services performed by the broker pursuant to the contract... |
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Section 1311.89 | Sale of foreclosed property - alternative dispute resolution.
...(A) All liens claimed under sections 1311.85 to 1311.93 of the Revised Code shall be subject to section 2323.07 of the Revised Code unless the parties agree to proceed pursuant to division (B) of this section. (B) If the broker and owner agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the agreed upon ADR forum. The court shall retain jurisdiction to enter and enforce the award... |
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Section 1311.90 | Broker to record release or satisfaction.
...ersonal delivery or by certified mail, commercial carrier service, or any other method that includes written evidence of receipt. |
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Section 1311.91 | Priority of mechanic's liens.
...All valid mechanic's liens, arising pursuant to and perfected in accordance with Chapter 1311. of the Revised Code, and all prior recorded liens and mortgages have priority over a broker's lien perfected pursuant to section 1311.87 of the Revised Code. |
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Section 1311.92 | Transfer of lien property - escrow account.
...lished by the owner into which moneys from the proceeds of the closing shall be deposited in an amount sufficient to release the broker's lien. The moneys shall be held in escrow and shall only be released as ordered by a court of competent jurisdiction, or as directed by agreement of the broker and owner or by any process agreed to by the broker and owner. (B) An owner may not refuse to close a transfer of lien pro... |
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Section 1311.93 | Liability of broker.
... or satisfaction of a broker's lien in compliance with this section, is liable for damages incurred by any person who has a legal or equitable interest in the lien property. |
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Section 1312.01 | Definitions.
...ilitation" includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design. (B) "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. (C) "Owner" means an owner or a prospective owner of a residential build... |
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Section 1312.02 | Application of chapter.
...ter applies only to an owner and a residential contractor who enter into a contract for the construction or the substantial rehabilitation of a residential building. |
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Section 1312.03 | Notice of contractor's right to resolve alleged defects.
...as a separate document delivered at the time the owner signs the contract. The notice shall be conspicuous and in substantially the following form: OHIO LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR COMMENCE ARBITRATION PROCEEDINGS FOR DEFECTIVE CONSTRUCTION AGAINST THE RESIDENTIAL CONTRACTOR WHO CONSTRUCTED YOUR HOME. AT LEAST SIXTY DAYS BEFORE YOU FILE A LAWSUIT OR COMMENCE A... |
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Section 1312.04 | Notice to contractor of alleged defects prior to action.
...(A) No owner shall commence arbitration proceedings or file a dwelling action against a residential contractor unless, at least sixty days before commencing the proceedings or filing the action, the owner provides the contractor with written notice of the construction defect that would be the basis of the arbitration proceedings or the dwelling action. The notice shall be in writing and mailed, sent by telegram, deli... |
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Section 1312.05 | Contractor's response to notice of defects - offer to inspect or settle claim.
...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 cont... |
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Section 1312.06 | Owner's acceptance of contractor's offer - inspection - action by owner.
... 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 ... |
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Section 1312.07 | Commencement of arbitration or action by owner.
... complied with this chapter and may commence arbitration proceedings or file a dwelling action sixty days after the owner mails, delivers, sends by facsimile transmission or electronic mail, or otherwise provides the residential contractor with a defect notice pursuant to division (A) of section 1312.04 of the Revised Code. |
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Section 1312.08 | Tolling of statutes of limitation and repose - dismissal - application of chapter.
...ose are tolled from the time the owner sends a notice of defect to a contractor pursuant to section 1312.04 of the Revised Code until the owner has complied with this chapter. (B) If an owner files a dwelling action or commences arbitration proceedings without having complied with this chapter, the court or arbitrator shall dismiss that action or those proceedings without prejudice. The owner may again file a dwelli... |
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Section 1313.01 | Assignee's bond.
...ty in which the assignor resided at the time of executing the assignment, produce the original assignment, or a copy of it, cause it to be filed in the probate court, and enter into a bond, payable to the state, in such sum and with such sureties as the court approves, conditioned for the faithful performance of his duties. The court may require the assignee, or any trustee subsequently appointed, to execute an addit... |
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Section 1313.02 | Effective time of assignment.
...Revised Code is effective only from the time of its delivery to the probate judge, and the exact time of such delivery shall be indorsed thereon by the judge, who immediately shall note the filing on the journal of the court. Such assignment may be delivered by the assignor to the judge either before or after its delivery to the assignee. |
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Section 1313.03 | Appointment of a trustee.
...signee is named in the assignment, and some fail to give bond, the court may permit the assignee complying with sections 1313.01 and 1313.02 of the Revised Code to qualify and enter upon the discharge of the duties of the trust. |
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Section 1313.04 | Resignation.
... as it deems best for the trust. At any time, on application of a majority of the creditors in amount, the court may appoint an additional trustee. |