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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 605
2025-2026
Representative Workman
Cosponsor: Representative Claggett
To
enact section 4113.63 of the Revised Code
to
codify the Spearin doctrine in public construction contracts.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 4113.63 of the Revised Code be enacted to read as follows:
Sec.
4113.63.
(A)
As used in this section:
"Contractor"
and "owner" have the same meanings as in section 4113.61 of
the Revised Code.
"Subcontractor"
has the same meaning as in section 1311.01 of the Revised Code.
"Construction
contract" has the same meaning as in section 4113.62 of the
Revised Code.
(B)
Whenever a construction contract is entered into between a contractor
and an owner, and the owner provides or purports to provide to the
contractor all necessary plans and specifications for the completion
of the work, there exists an implied warranty by the owner, or the
preparer of the plans and specifications, that the details in the
plans and specifications provided to the contractor are full and
accurate, free from defects, and sufficient for the successful and
timely completion of the project.
(C)
A contractor or subcontractor is not liable for damages resulting
from work undertaken pursuant to a construction contract between an
owner and the contractor when all of the following elements are met:
(1)
The owner provides or purports to provide to the contractor all
necessary plans and specifications for the completion of the work.
(2)
The contractor or subcontractor follows and adheres to the provided
plans and specifications precisely and precisely adheres to any
subsequent plans and specifications given to the contractor by the
owner or preparer of the plans and specifications after the start of
the project if the plans and specifications are purported to be
necessary for the completion of the work.
(3)
The contractor's reliance on the provided plans is reasonable.
(4)
The damages arose because of a defect, omission, or insufficiency in
the plans or specifications.
(D)
For the purposes of division (C)(3) of this section, a contractor's
reliance on provided plans or specifications is not reasonable if any
of the following are true:
(1)
The plans are clearly inadequate or fail to consider specific project
conditions, as would be determined by a reasonable professional in
similar circumstances.
(2)
A reasonable presite inspection would have revealed the defect,
omission, or insufficiency in the plans or specifications, or
unforeseen project conditions, as would be determined by a reasonable
professional in similar circumstances.
(3)
The contractor or subcontractor did not act in good faith.
(E)
A contractual provision that requires the contractor to make a site
visit to determine existing conditions and assume responsibility for
the work until completion and acceptance does not void the implied
warranty under division (B) of this section, nor does it make a
contractor or subcontractor liable in contravention of division (C)
of this section.
(F)
Any contractual clause in a contract entered into after the effective
date of this section that contravenes this section is void as against
public policy.