Ohio Code 1312.01 – Definitions
As used in this chapter:
Terms Used In Ohio Code 1312.01
- Construction defect: means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. See Ohio Code 1312.01
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Owner: means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit. See Ohio Code 1312.01
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Residential building: includes any structure that is used as a model to promote the sale of a similar dwelling house. See Ohio Code 1312.01
- Residential contractor: means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building. See Ohio Code 1312.01
- Substantial rehabilitation: includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design. See Ohio Code 1312.01
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(A) “Construction defect” means a deficiency that arises directly or indirectly out of the construction or the substantial rehabilitation of a residential building. “Substantial rehabilitation” includes the addition of a room and the removal or installation of a wall, partition, or portion of the structural design.
(B) “Dwelling action” means any civil action in contract or tort for damages or indemnity brought against a residential contractor for damages or the loss of use of real property caused by a construction defect.
(C) “Owner” means an owner or a prospective owner of a residential building or a dwelling unit in a residential building who enters into a contract with a residential contractor for the construction or substantial rehabilitation of that residential building or unit.
(D) “Residential building” means a structure that is a one-family, two-family, or three-family dwelling house or a dwelling unit within that structure, any accessory structures incidental to that dwelling house, and a unit in a condominium development in which the owner holds title to that unit. “Residential building” includes any structure that is used as a model to promote the sale of a similar dwelling house.
(E) “Residential contractor” means a person or entity who, for pay, enters into a contract with an owner for the construction or the substantial rehabilitation of a residential building and who has primary responsibility for the construction or substantial rehabilitation of a residential building.
(F) “Accessory structure” has the same meaning as in section 3781.06 of the Revised Code.