Ohio Revised Code Search

...ssional design services contract, each public authority planning to contract for professional design services shall evaluate the statements of qualifications submitted by professional design firms specifically regarding the project, and may hold discussions with individual firms to explore further the firms' statements of qualifications, the scope and nature of the services the firms would provide, and the var...

...No public authority planning to contract for professional design services under section 153.69 of the Revised Code shall require any form of fee estimate, fee proposal, or other estimate or measure of compensation prior to selecting and ranking professional design firms, except in instances when firms are selected and ranked by a state agency from a list of prequalified firms created under section 153.68 of the Revis...

...For every design-build contract, the public authority planning to contract for design-build services shall first obtain the services of a criteria architect or engineer by doing either of the following: (A) Contracting for the services consistent with sections 153.65 to 153.70 of the Revised Code; (B) Obtaining the services through an architect or engineer who is an employee of the public authority.

...) For every design-build contract, the public authority planning to contract for design-build services, in consultation with the criteria architect or engineer, shall evaluate the statements of qualifications submitted by design-build firms specifically regarding the project, including the design-build firm's proposed architect or engineer of record. Following this evaluation, the public authority shall: (1) ...

...ides professional design services to a public authority to assist that public authority in evaluating the design-build requirements provided to the public authority by a design-build firm pursuant to section 153.692 of the Revised Code, that professional design firm shall not provide any design-build services pursuant to the design-build contract under section 153.693 of the Revised Code for the project for wh...

...ering professional design services to a public authority or to a design-build firm, including a criteria architect or engineer and person performing architect or engineer of record services, shall have and maintain, or be covered by, during the period the services are rendered, a professional liability insurance policy or policies with a company or companies that are authorized to do business in this state and that a...

...(A) Any public authority planning to contract for professional design services or design-build services may adopt, amend, or rescind rules, in accordance with Chapter 119. of the Revised Code, to implement sections 153.66 to 153.70 of the Revised Code. (B) Sections 153.66 to 153.70 of the Revised Code do not apply to any of the following: (1) Any project with an estimated professional design fee of twenty-five ...

...tracted for design-build services by a public authority may do either of the following: (A) Perform design, construction, demolition, alteration, repair, or reconstruction work pursuant to such contract; (B) Perform professional design services when contracted by a public authority for design-build services even if the design-build firm is not a professional design firm.

...services or design-build services by a public authority prevail in the event of any conflict with any other provision of this chapter.

...eration, repair, or reconstruction of a public improvement entered into on or after April 16, 1993, shall be deemed to include the provisions contained in division (B) of this section. (B)(1) In regard to any bond filed by the contractor for the work contracted, the contracting authority, in its sole discretion, may reduce the bond required by twenty-five per cent of the total amount of the bond after at leas...

...r preparatory work in connection with a public improvement, a public authority may require, via a provision in a public improvement contract or subcontract, that the professional design firm indemnify the public authority and its officers and employees for liabilities the public authority, officer, or employee incurs for the death of or injury to a third party that is proximately caused by the provision of the work, ...

...(A) As used in this section, "public improvement" means any of the following: (1) A road, bridge, highway, street, or tunnel; (2) A waste water treatment system or water supply system; (3) A solid waste disposal facility or a storm water and sanitary collection, storage, and treatment facility; (4) Any structure or work constructed by a state agency or by another person on behalf of a state agency pursuant to a c...

...(A) Whoever violates section 153.58 of the Revised Code shall be fined not more than one thousand dollars. (B) A person who purchases or provides steel products in violation of division (A) of section 153.011 of the Revised Code shall pay a civil penalty equal to one and one-half times the purchase price of the steel products purchased or provided in violation of that section.

...entifies the individual. (D) "Right of publicity" means the property right in an individual's persona to use the individual's persona for a commercial purpose. (E) "Trier of fact" means the jury or, in a nonjury action, the court. (F) "Written consent" includes written, electronic, digital, or any other verifiable means of authorization. (G) "Institution of higher education" means a state institution of higher ed...

...de who owns the individual's right of publicity. (2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual's death. (C) Subject to the terms of any agreement between a person specified in section 2741.05 of the Revised Code and a person to whom that person grants consent to use an individual's right of publicity, a ...

...nly to the following: (A) The right of publicity in the persona of an individual whose domicile or residence is in this state on or after the effective date of this section; (B) The right of publicity in the persona of an individual who died on or after January 1, 1998, and whose domicile or residence was in this state on the date of the individual's death.

...The right of publicity in an individual's persona is freely transferable and descendible, in whole or in part, by any of the following means: (A) Contract; (B) License; (C) Gift; (D) Trust; (E) Will; (F) Operation of the laws of intestate succession applicable to the state administering the majority of the real and personal property of an individual who died intestate, regardless of whether that state recognize...

...g an aspect of an individual's right of publicity, only the following persons may grant consent to use an individual's persona for a commercial purpose: (1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual's right of publicity, subject to the terms of any other licenses regarding that right of publicity; (2) A person,...

... including an individual whose right of publicity is at issue, who collectively own all of an individual's right of publicity, subject to any licenses regarding that right of publicity; (2) A person, including a licensee of an individual's right of publicity, who is expressly authorized in writing by the owner or owners of an individual's right of publicity to bring a civil action; (3) Except as otherwise expressly...

...(A)(1) A person who violates section 2741.02 of the Revised Code is liable in a civil action to the person injured by the violation for the following: (a) Actual damages, including any profits derived from and attributable to the unauthorized use of an individual's persona for a commercial purpose as determined under division (A)(2) of this section; (b) At the election of the plaintiff and in lieu of actual damages...

...The remedies provided for in this chapter are in addition to any other remedies provided for by state or federal statute or common law.

...ting of an event or topic of general or public interest; (4) The use of the persona of an individual solely in the individual's role as a member of the public if the individual is not named or otherwise singled out as an individual; (5) A use of an individual's persona by an institution of higher education if all of the following apply: (a) The individual is or was a student at, or a member of the faculty or staff...

...Whoever violates division (A)(3) of section 2741.02 of the Revised Code is guilty of a misdemeanor of the first degree. A criminal penalty imposed under this section is cumulative to a civil remedy under Chapter 2741. of the Revised Code.

...r the Ohio Constitution, on a matter of public concern. (C) This chapter does not apply to any of the following: (1) A legal action against a governmental unit or an employee or agent of the governmental unit who was acting or purporting to act in an official capacity; (2) An enforcement action that is brought in the name of a governmental unit to protect against an imminent threat to public health or safety; ...

...Not later than sixty days after a party is served with a complaint, cross-claim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this chapter applies, the party may file a motion for expedited relief to dismiss the civil action or claim. The court may extend the sixty-day period to file the motion for expedited relief for good cause shown.