Ohio Revised Code|Section 5525.16 | Contract performance bond and payment bond.

                                                
(A) Before entering into a contract, the  director of transportation shall require a contract performance  bond and a payment bond with sufficient sureties, as follows: 
(1) A contract performance bond in an amount equal to one  hundred per cent of the contract amount, conditioned, among other  things, that the contractor will perform the work upon the terms  proposed, within the time prescribed, and in accordance with the  plans and specifications, will indemnify the state against any  damage that may result from any failure of the contractor to so  perform, and, further, in case of a grade separation will  indemnify any railroad company involved against any damage that  may result by reason of the negligence of the contractor in making  the improvement.
(2) A payment bond in an amount equal to one hundred per cent  of the contract amount, conditioned for the payment by the  contractor and all subcontractors for labor or work performed or  materials furnished in connection with the work, improvement, or  project involved.
(B) In no case is the state liable for damages sustained in  the construction of any work, improvement, or project under this  chapter and Chapters 5501., 5503., 5511., 5513., 5515., 5516.,  5517., 5519., 5521., 5523., 5527., 5528., 5529., 5531., 5533., and  5535. of the Revised Code.
This section does not require the director to take bonds as  described in division (A) of this section in connection with any  force account work, but the director may require those bonds in  connection with force account work.
If any bonds taken under this section are executed by a  surety company, the director may not approve such bonds unless  there is attached a certificate of the superintendent of insurance  that the company is authorized to transact business in this state,  and a copy of the power of attorney of the agent of the company.  The superintendent, upon request, shall issue to any licensed  agent of such company the certificate without charge.
The bonds required to be taken under this section shall be  executed by the same surety, approved by the director as to  sufficiency of the sureties, and be in the form prescribed by the  attorney general.
(C) Any person to whom any money is due for labor or work  performed or materials furnished in connection with a work,  improvement, or project, at any time after performing the labor or  furnishing the materials but not later than ninety days after the  acceptance of the work, improvement, or project by the director,  may furnish to the sureties on the payment bond a statement of the  amount due the person. If the indebtedness is not paid in full at  the expiration of sixty days after the statement is furnished, the  person may commence an action in the person's own name upon the  bond as provided in sections 2307.06 and 2307.07 of the Revised  Code.
An action shall not be commenced against the sureties on a  payment bond until sixty days after the furnishing of the  statement described in this section or, notwithstanding section  2305.12 of the Revised Code, later than one year after the date of  the acceptance of the work, improvement, or project.
(D) As used in this section, "improvement," "subcontractor,"  "material supplier," and "materials" have the same meanings as in  section 1311.01 of the Revised Code, and "contractor" has the same  meaning as "original contractor" as defined in that section.