Section 1312.08 | Tolling of statutes of limitation and repose - dismissal - application of chapter.
(A) All applicable statutes of limitation or repose 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 dwelling action or commence arbitration proceedings after complying with this chapter.
(C) This chapter does not apply to any civil action in tort alleging personal injury or wrongful death to a person resulting from a construction defect.
Available Versions of this Section
- May 27, 2005 – House Bill 175 - 125th General Assembly [ View May 27, 2005 Version ]