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Rep. Sweeney's bipartisan legislation to ensure prompt pay for Ohio workers voted out of committee

House Bill 68 would protect Ohio jobs, keep construction projects moving forward across the state
May 5, 2021
Bride Rose Sweeney News

COLUMBUS — The Ohio House Commerce and Labor Committee voted Wednesday to greenlight House Bill (HB) 68, bipartisan legislation sponsored by State Rep. Bride Rose Sweeney (D-Cleveland) and State Rep. Jon Cross (R-Kenton) to ensure that prime contractors are paid promptly and construction projects can move forward across the State of Ohio. 

“Under current law, there is no requirement for owners of private, nonresidential construction projects to pay their contractors on time. HB 68 sets a timeline for prompt pay, one which aligns with reasonable state and industry standards,” said Rep. Sweeney. “This bipartisan legislation helps Ohio workers avoid dipping into their savings or using credit cards to make ends meet after months without pay. It moves construction projects forward, discourages bad actors, and helps businesses stay afloat.”

The proposal would require private sector owners of construction projects to provide payment to the prime contractors no more than 30 days after the prime contractors provide invoices to the owners. It incentivizes bills to be paid in a timely manner and fosters a healthy and good-paying construction industry in Ohio. 

Ohio law already requires the following timetable for payments, and HB 68 would close the highlighted loophole:

Public Construction Projects

Owner to Prime – 30 days after invoice unless otherwise agreed (R.C. 126.30 and 153.14)

Prime to Sub – 10 days after prime contractor receives payment from owners (R.C. 4113.61)

Sub to Lower Tiers – 10 days after subcontractor receives payment from prime contractor (R.C. 4113.61)

Private Construction Projects

Owner to Prime – No Provision

Prime to Sub – 10 days after prime contractor receives payment from owner (R.C. 4113.61)

Sub to Lower Tiers – 10 days after subcontractor receives payment from prime contractor (R.C. 4113.61)

HB 68 awaits further consideration on the floor of the Ohio House of Representatives.