Bill > HB605

This bill codifies the Spearin doctrine in Ohio law, which establishes legal protections for contractors in public construction contracts. The bill creates a new section of the Revised Code that defines an implied warranty by project owners that plans and specifications provided to contractors are accurate, complete, and sufficient for project completion. Under the proposed law, a contractor or subcontractor would not be liable for damages if they precisely follow the provided plans and specifications, their reliance on those plans is reasonable, and any damages arose from defects or insufficiencies in the original plans. The bill outlines specific conditions where a contractor's reliance might not be considered reasonable, such as when plans are clearly inadequate, when a pre-site inspection would have revealed defects, or when the contractor did not act in good faith. Additionally, the legislation stipulates that contractual provisions requiring site visits or assuming responsibility for work do not void the owner's implied warranty, and any contract clauses that conflict with this section would be considered void as against public policy.

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https://www.legislature.ohio.gov/legislation/136/hb605