Ohio Revised Code|Section 153.12 | Awarding and executing contract.

                                                
(A) With respect to award of any contract for  the construction, reconstruction, improvement, enlargement,  alteration, repair, painting, or decoration of a public  improvement made by the state, or any county, township, municipal  corporation, school district, or other political subdivision, or  any public board, commission, authority, instrumentality, or  special purpose district of or in the state or a political  subdivision or that is authorized by state law, the award, and  execution of the contract, shall be made within sixty days after  the date on which the bids are opened. The failure to award and  execute the contract within sixty days invalidates the entire bid  proceedings and all bids submitted, unless the time for awarding  and executing the contract is extended by mutual consent of the  owner or its representatives and the bidder whose bid the owner  accepts and with respect to whom the owner subsequently awards and  executes a contract. The public owners referred to in this section  shall include, in the plans and specifications for the project for  which bids are solicited, the estimate of cost. The bid for which  the award is to be made shall be opened at the time and place  named in the advertisement for bids, unless extended by the owner  or its representative or unless, within seventy-two hours prior to  the published time for the opening of bids, excluding Saturdays,  Sundays, and legal holidays, any modification of the plans or  specifications and estimates of cost for the project for which  bids are solicited is issued and mailed or otherwise furnished to  persons who have obtained plans or specifications for the project,  for which the time for opening of bids shall be extended one week,  with no further advertising of bids required. The contractor, upon  request, is entitled to a notice to proceed with the work by the  owner or its representative upon execution of the contract. No  contract to which this section applies shall be entered into if  the price of the contract, or, if the project involves multiple  contracts where the total price of all contracts for the project,  is in excess of ten per cent above the entire estimate thereof,  nor shall the entire cost of the construction, reconstruction,  repair, painting, decorating, improvement, alteration, addition,  or installation, including changes and estimates of expenses for  architects or engineers, exceed in the aggregate the amount  authorized by law. 
The unit or lump sum price stated in the contract shall be  used in determining the amount to be paid and shall constitute  full and final compensation for all the work.
Partial payment to the contractor for work performed under  the lump sum price shall be based on a schedule prepared by the  contractor and approved by the architect or engineer who shall  apportion the lump sum price to the major components entering into  or forming a part of the work under the lump sum price.
Partial payments to the contractor for labor performed under  either a unit or lump sum price contract shall be made at the rate  of ninety-two per cent of the estimates prepared by the contractor  and approved by the architect or engineer. All labor performed  after the job is fifty per cent completed shall be paid for at the  rate of one hundred per cent of the estimates submitted by the  contractor and approved by the architect or engineer.
The amounts and time of payments of any public improvements  contract made by the state or any county, township, municipal  corporation, school district, or other political subdivision, or  any public board, commission, authority, instrumentality, or  special purpose district of or in the state or a political  subdivision or that is authorized by state law, except as provided  in section 5525.19 of the Revised Code, shall be governed by this  section and sections 153.13 and 153.14 of the Revised Code. If the  time for awarding the contract is extended by mutual consent, or  if the owner or its representative fails to issue a timely notice  to proceed as required by this section, the owner or its  representative shall issue a change order authorizing delay costs  to the contractor, which does not invalidate the contract. The  amount of such a change order to the owner shall be determined in  accordance with the provisions of the contract for change orders  or force accounts or, if no such provision is set forth in the  contract, the cost to the owner shall be the contractor's actual  costs including wages, labor costs other than wages, wage taxes,  materials, equipment costs and rentals, insurance, and  subcontracts attributable to the delay, plus a reasonable sum for  overhead. In the event of a dispute between the owner and the  contractor concerning such change order, procedures shall be  commenced under the applicable terms of the contract, or, if the  contract contains no provision for resolving the dispute, it shall  be resolved pursuant to the procedures for arbitration in Chapter  2711. of the Revised Code, except as provided in division (B) of  this section. Nothing in this division shall be construed as a  limitation upon the authority of the director of transportation  granted in Chapter 5525. of the Revised Code.
(B) If a dispute arises between the state and a contractor  concerning the terms of a public improvement contract let by the  state or concerning a breach of the contract, and after  administrative remedies provided for in such contract and any  alternative dispute resolution procedures provided in accordance  with guidelines established by the executive director of the Ohio  facilities construction commission are exhausted, the contractor  may bring an action to the court of claims in accordance with  Chapter 2743. of the Revised Code. The state or the contractor may  request the chief justice of the supreme court to appoint a  referee or panel of referees in accordance with division (C)(3) of  section 2743.03 of the Revised Code. As used in this division,  "dispute" means a disagreement between the state and the  contractor concerning a public improvement contract let by the  state.