As Introduced

136th General Assembly

Regular Session H. B. No. 605

2025-2026

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.