5525.25 Pavement and Other Warranties. 

Text of Statute

(A) In making contracts, the director of transportation shall comply with the following requirements for each fiscal year:

(1) At least one-fifth of the department of transportation's capital construction projects shall be bid requiring a warranty
as specified in the bidding documents and in division (B) of this section.

(2) At least one-tenth of the department's capital construction program shall be bid requiring a pavement warranty as
specified in the bidding documents and in division (B) of this section.

(B) A warranty period under this section shall be:

(1) Not less than seven years, for pavement in the case of new construction;

(2) Not less than five years, in the case of pavement resurfacing and rehabilitation;

(3) Not less than two years, in the case of pavement preventative maintenance, bridge painting, pavement markings,
raised pavement markers, guardrail, and other project items as determined by the director.

(C) This section does not apply to contracts the director makes on behalf of a political subdivision.


HISTORY: 148 v H 163. Eff 6-30-99.

The provisions of 11 of HB 163 (148 v --) read as follows:

SECTION 11. (A) Not later than 90 days after the effective date of section 5525.25 of the Revised Code, the Director of
Transportation shall report to the Controlling Board on the Department of Transportation's comprehensive
implementation plan for warranties. The report shall include the following:

(1) The number and type of projects to be bid meeting the requirements of divisions (A) and (B) of that section;

(2) An investigation of alternative warranty contracting options, including incentives, different bidding methods, and
implementation of new technologies, construction techniques, and materials to prolong pavement life considering such
factors as density, smoothness, and segregation;

(3) Development of a surface warranty for all pavement projects on interstate highways and multi-lane, fully
controlled-access highways under jurisdiction of the director. The surface warranty shall warrant only against common
pavement distresses, including, but not limited to, delamination, raveling, and rutting. The implementation plan must
include a schedule of introduction of the surface warranty into the department's annual construction program so that all
pavement projects let by the department require the warranty not later than June 30, 2001.

(B) Not later than December 31, 2000, the director shall report to the General Assembly the department's findings on
the use of warranties, including comparisons of cost, techniques and quality of warranted and nonwarranted items, and
recommendations for further use of warranties.