reglab/housing_qa huggingface dataset:
Ohio Rev Code § 1311.311 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.311 | Notice to Commence Suit.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|Any public authority or any principal contractor or subcontractor who receives a copy of the affidavit required by section 1311.26 of the Revised Code, as provided in section 1311.31 of the Revised Code, may notify the claimant or his agent, to commence suit. Proof that this notice was served in accordance with section 1311.19 of the Revised Code, may be made by affidavit filed with the public authority or clerk or agent thereof. If the claimant fails to commence suit within sixty days after the date of the service of the notice, the affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds are to be released to the principal contractor. This section does not preclude the collection of the claim in any manner in which any claim may otherwise be collected.An affidavit filed pursuant to section 1311.26 of the Revised Code is void and the funds upon which it is sought to be imposed wholly discharged from the affidavit filed pursuant to section 1311.26 of the Revised Code if the principal contractor or any subcontractor or interested party acting in his name gives the notice to commence suit and files with the public authority, a bond in the amount equal to one and one-half of the claim in favor of the claimant, executed by sufficient surety, approved in writing by the public authority, and conditioned upon the payment of any judgment upon the claim, plus costs.If the public authority fails to discharge the affidavit filed pursuant to section 1311.26 of the Revised Code and make payment, the principal contractor or subcontractor may file an action in the court of common pleas of the county in which the property is located except that if the action is against a state officer, the principal contractor or subcontractor shall file the action in the court of common pleas of Franklin county. If the court determines in the action that the public authority improperly failed to discharge the affidavit and make payment, the court may award reasonable attorney fees.The bond is void upon the failure of the claimant to commence suit within sixty days after the date of the service of the notice or, if the claimant commences suit within the required time period, upon the satisfaction of any judgment that is entered in favor of the claimant, upon final judgment against the claimant, or upon dismissal of the suit for any reason.
Ohio Rev Code § 1311.32 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.32 | Enforcement by Civil Action.

Effective: March 30, 2007|Latest Legislation:  House Bill 487 - 126th General Assembly|The duty to pay to claimants the amounts and in the order of preference, as provided in sections 1311.29 and 1311.31 of the Revised Code, may be enforced by an action in the court of common pleas or the subcontractor, material supplier, or laborer may, when the amounts are due, recover through the public authority in the court of common pleas the whole or a pro rata amount of the subcontractor's, material supplier's, or laborer's claim or estimate, not exceeding in any case the balance due to the principal contractor. Either of these actions shall be brought in the county in which the public property involved is situated, except that actions against state officers shall be brought only in Franklin county. The court shall resolve all disputes concerning whether the affidavit filed pursuant to section 1311.26 of the Revised Code has been perfected and concerning priorities, that may arise from enforcement of the affidavit or the bond that secures the affidavit, pursuant to section 1311.311 of the Revised Code.
Ohio Rev Code § 1311.34 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.34 | Laborers Shall Have Lien Upon Real Property of Employer.

Effective: September 28, 1979|Latest Legislation:  House Bill 674 - 113th General Assembly|Employees of any person, association of persons, or corporation, whether such employment is at agriculture, mining, manufacture, or other manual labor, have a lien upon the real property of their employers for their wages. The lien is superior to the following liens taken or attaching during the existence of the unpaid labor claim:(A) Liens of attachment;(B) Liens of mortgage that are:(1) Given or taken at a time of actual insolvency of the debtor;(2) Given with a view of preferring creditors;(3) Given to secure a pre-existing debt.Liens upon real property of employers for wages are superior to all exemptions.If an employer is placed in the hands of an assignee, receiver, or trustee, claims due for labor performed within the period of three months prior to the time the assignee, receiver, or trustee is appointed, shall first be paid out of the trust fund, in preference to all other claims against the employer, except claims for taxes and the costs of administering the trust.
Ohio Rev Code § 1311.35 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.35 | Waiver of Lien.

Effective: January 30, 2014|Latest Legislation:  House Bill 72 - 130th General Assembly|The liens in section 1311.34 of the Revised Code are waived by the employee, as to any portion of such labor, unless within thirty days from the expiration of three months from the performance thereof, the employee files with the county recorder of the county where the labor was performed an itemized statement, verified by affidavit, of the amount, kind, and value of the labor performed within such period, with all credits and offsets and the amount then due the employee therefor. The statement, when filed, shall be recorded in the official records, and becomes a lien upon the real property of the employer without any specific description thereof, for the period of one year from the filing of the statement.
Ohio Rev Code § 1311.36 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.36 | Enforcement and Priority of Liens.

Effective: April 10, 1991|Latest Legislation:  House Bill 238 - 118th General Assembly|If an action is brought to enforce the lien within the time provided in section 1311.35 of the Revised Code, it continues in force until finally adjudicated. The proceedings to enforce it are the same as in other cases of lien, against the owner of the property and all other persons interested. If several persons have or obtain liens under sections 1311.34 and 1311.35 of the Revised Code, against the property of the same employer, they have no priority among themselves, but all must be paid pro rata. Such persons do not have priority over those obtaining other liens under this chapter but the persons obtaining liens under this chapter have priority as provided in this chapter.
Ohio Rev Code § 1311.37 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.37 | When General Employer Assumes Payment.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Sections 1311.34 to 1311.36, inclusive, of the Revised Code apply to and include any laborer who indirectly performs labor for a general employer, or the results of whose labor is immediately enjoyed by a general employer, when such general employer assumes payment of his wages by passing a credit therefor upon his books of account or otherwise. All proceedings under this section shall be the same as provided by such sections.
Ohio Rev Code § 1311.38 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.38 | Definition of Owner.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|As used in sections 1311.39 to 1311.47, inclusive, of the Revised Code, "owner" includes any lessee, receiver, corporation, company, or persons owning, operating, or managing any railroad with whom or in whose behalf contracts as provided in such sections are made.
Ohio Rev Code § 1311.39 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.39 | Liens Against a Railroad Company.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Any person, association of persons, or corporation contracting for the construction of a railroad, depot buildings, water tanks, or any part thereof, shall pay to each person performing labor or furnishing materials stipulated for in the contract with the owner of the railroad, under a contract express or implied with the original contractor, or with any subcontractor, for the whole or any part of the work stipulated in the original contract with the owner of the railroad.
Ohio Rev Code § 1311.40 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.40 | Priority of Payment in Contracts for Railroad Work.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A railroad company shall provide, in its contract with any person, association of persons, or corporation for the construction of its road, or any part thereof, that payments thereunder shall be made in the following order of priority:(A) To the persons performing labor, furnishing materials or boarding, on the order of any contractor or subcontractor to persons employed by them, or either of them, in furnishing materials or labor for or in the construction of such railroad, without preference.(B) To any subcontractor, any balance due under his contract after payment of his liabilities to persons performing labor or furnishing materials or boarding, under his contract.(C) To any contractor, or construction company, intervening between a subcontractor and the railroad company, in the order of such intervention from such subcontractor upward to the owner of the railroad, any balance due after payment by the company, of amounts found due in the order of priority provided in this section.
Ohio Rev Code § 1311.41 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.41 | Precedence.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A person who performs labor or furnishes materials for or in construction of any railroad, depot buildings, water tanks, or any part thereof, and a person who furnishes boarding on the order of any contractor or subcontractor, to persons employed by them or either of them, in furnishing materials, or performing labor for or in construction of such railroad, depot buildings, water tanks, or any part thereof, in addition to his rights under sections 1311.39 and 1311.40 of the Revised Code, has a lien for its payment upon such railroad. Such lien has precedence over any lien taken, or to be taken, and subsists for one year from the date of filing the attested account provided for in section 1311.42 of the Revised Code. If an action is brought to enforce the lien within that time, it continues in force until finally adjudicated.
Ohio Rev Code § 1311.42 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.42 | Perfecting a Lien.

Effective: January 30, 2014|Latest Legislation:  House Bill 72 - 130th General Assembly|To perfect a lien referred to in section 1311.41 of the Revised Code, a person performing labor, furnishing material, or boarding, within forty days from the date that the person ceased performing labor, or furnishing materials, or boarding on or for the railroad, shall file with the county recorder of the county where the labor was performed, or material or boarding furnished, an affidavit containing an itemized statement of the kind and amount of material furnished, or labor performed, the time when the contractor or subcontractor for whom, and the section and place where, on the line of the road the labor was performed, or material furnished, and the amount due therefor, after deducting all payments and setoffs. In case of boarding, such affidavit must have attached thereto an itemized account thereof, showing the name of the contractor or subcontractor on whose order it was furnished, the several persons to whom furnished, the weekly rate of boarding, and the several amounts unpaid by each respectively. On filing the affidavit, it shall be recorded in the official records of the county recorder, and then it operates as a lien on the railroad, in the manner and subject only to the limitations provided in sections 1311.39 to 1311.47 of the Revised Code.
Ohio Rev Code § 1311.43 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.43 | Proceeding After Filing Affidavit.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Within ten days after filing his affidavit with the county recorder as provided in section 1311.42 of the Revised Code, the claimant shall serve a notice in writing upon the secretary or other officer or authorized representative of the railroad company, by delivering or leaving a copy thereof at his usual place of residence or place of doing business. Such notice shall contain a statement of the facts of his filing such affidavit, the county wherein filed, the amount of his claim, whether for labor, materials, or boarding furnished, and the contractor or subcontractor for whom rendered. When the notice cannot be served in the county where the affidavit is filed, it shall be served by the recorder upon the representative of the railroad by depositing in the post office a letter containing the notice directed to his place of residence, or place of doing business, if known to the recorder. Any person failing to file his affidavit, and serve such notice within the time prescribed, has waived all claim under this section and sections 1311.41 and 1311.42 of the Revised Code, against the railroad company.
Ohio Rev Code § 1311.44 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.44 | Proceeding by Petition.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|A person obtaining and holding a lien as provided for in sections 1311.41 to 1311.43, inclusive, of the Revised Code, in addition to his remedies under sections 1311.38 to 1311.47, inclusive, of the Revised Code may proceed by petition as in other cases of lien, against the owner of and all other persons interested, as lienholders or otherwise, in such a railroad, and obtain such judgment as justice and equity require. For the purposes of such suit any number of such lienholders may join as parties plaintiff by separately stating and numbering their respective claims, but if several such liens are obtained by several persons, on the same railroad, they have no priority among themselves and payment thereon shall be made pro rata.
Ohio Rev Code § 1311.45 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.45 | Contractor to Be Notified of Time of Payment.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Each contractor or subcontractor shall have at least five days' notice, in writing, of the time when a lien for labor, boarding, or materials furnished under a contract with him will be paid, which notice may be served upon him personally or upon his authorized agent or foreman, by the owner of the railroad, or any officer or agent thereof, stating therein the time of their payment. On request of such contractor or subcontractor he shall be permitted to examine such lien claims before they are paid at any time after the notice has been given. If such notice cannot be served in the county where the lien is filed, it may be given by publication in some newspaper of general circulation therein, for the period of two weeks. If such contractor or subcontractor disputes any of the claims, the company or owner of the road shall withhold payment of those in dispute until they are adjusted.
Ohio Rev Code § 1311.46 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.46 | Adjusting Disputed Claims.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|When a lien claim under section 1311.45 of the Revised Code cannot be adjusted between the parties interested, it may be submitted to the arbitration of three disinterested persons, one to be chosen by each of the parties, and one by the two thus chosen. Their decision, or that of any two of them, in the absence of fraud or collusion, is final and conclusive on the parties. If any claim is disputed and is not settled or submitted to arbitration, the claimant, in such case, shall commence an action on his claim before the proper tribunal, within forty days after notice that it has been disputed, and prosecute it to final judgment without delay. The amount thus ascertained or adjudicated shall then be paid by the railroad owner. After notice given as provided in section 1311.45 of the Revised Code, if no objection is filed against such claim within ten days after the expiration of the term for service of notice, then the contractor or subcontractor has waived all objections to such claim, and, as against such contractor or subcontractor, it is correct.
Ohio Rev Code § 1311.47 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.47 | Others Who May Claim Liens.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|Sections 1311.41 to 1311.46, inclusive, of the Revised Code apply to and include any person who furnishes grain, hay, merchandise, tools, or implements, or who repairs any tools or implements on the order of any contractor or subcontractor, for his own use, or the use of persons employed by him while furnishing materials or labor for or in construction of such railroad. The amount of such claim shall not exceed the wages of the person performing labor or furnishing materials, to whom furnished, or the amount found due such contractor, or subcontractor, under sections 1311.38 to 1311.47, inclusive, of the Revised Code. In every such case the requirements, as to filing affidavits and giving notices must be strictly complied with, and the aggregate of all liens taken and perfected thereunder, shall not be in excess of the actual construction contract price of the railroad company.
Ohio Rev Code § 1311.48 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.48 | Lien for Care of Animals.

Effective: September 29, 1955|Latest Legislation:  Senate Bill 201 - 101st General Assembly|As used in sections 1311.48 and 1311.49 of the Revised Code "animal" means any animal other than man and includes fowl, birds, fish, and reptiles, and "owner" means and includes the person who holds legal title to an animal, or any other person, having lawful custody of an animal, who contracts for food, board, or professional services for such animal.Any person who feeds or boards an animal under contract with the owner shall have a lien on such animal to secure payment for food and board furnished.
Ohio Rev Code § 1311.49 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.49 | Sale of Animal to Satisfy Claim.

Effective: September 29, 1955|Latest Legislation:  Senate Bill 201 - 101st General Assembly|If the owner of an animal, upon written demand by the lienholder, fails to satisfy a lien acquired under section 1311.48 of the Revised Code the lienholder may sell the animal at public sale to satisfy such lien, provided that before the animal is offered for sale the lienholder shall give ten days' notice of the time and place of sale in a newspaper of general circulation in the county where food or board was furnished. The lienholder, on the day following publication, shall mail a copy of the public notice to the owner by registered mail at the last known address of such owner. If the animal is sold for a price which exceeds the amount of the lien, plus costs incurred by the lienholder, the remaining balance shall be paid by the lienholder to the owner or to such other person as may be legally entitled to receive same. If the lienholder sells or otherwise disposes of any animal without first giving the notice required by this section he shall not pursue any deficiency upon such obligation.
Ohio Rev Code § 1311.50 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.50 | Lien Upon Get for Service.

Effective: October 1, 1953|Latest Legislation:  House Bill 1 - 100th General Assembly|The keeper of any stallion, jack, or registered pure-bred bull, has a lien upon its get for the period of twelve months after birth thereof, for the payment of the service of such stallion, jack, or bull.
Ohio Rev Code § 1311.51 (2021)
2021 Ohio Revised Code|Title 13 | Commercial Transactions|Chapter 1311 | Liens|Section 1311.51 | Enforcement of Lien.

Effective: February 14, 1967|Latest Legislation:  House Bill 2 - 107th General Assembly|A keeper or owner of any stallion, jack, or registered pure-bred bull may enforce his lien for service by replevin of the property before any county or municipal court having territorial jurisdiction where it is found. Upon gaining possession thereof, on first giving ten days' notice to the reputed owner of his intention to do so, he may sell it at public sale after two weeks' notice of the time and place of sale by notices posted in five conspicuous and public places in the township or municipal corporation where proceedings in replevin are had.Out of the proceeds of sale such keeper or owner may retain the amount due him for such service, with the costs by him incurred in the replevin suit. He must account to the owner of the get for any surplus realized by the sale. When payment is made to him, or his agent, for any such get, the owner of any such stallion, jack, or bull shall deliver to the payee a receipt in full for the amount thereof, and stating for what paid.