Ohio’s New Bidding Transparency Law

Public authorities in Ohio issuing bid packages that include industry-standard public construction contract forms such as AIA, ConsensusDocs, EJCDC and DBIA must clearly show alterations to the standard form.

Changes must be identified by striking through and underlining changes to the standard language and by cross-referencing conditions that are supplemental to the standard form, or by including conditions that are supplemental to the standard form.

The requirement applies to all Ohio public owners except the Ohio Department of Transportation. It does not apply to roads, highways and bridges.

When a contractor has to sort through a construction contract containing numerous changes, there is a risk that important revisions may be missed. Those changes can create additional liability or increase project costs that may not be recouped.

The new transparency requirements are intended to make deviations from standard terms easier for public entities and contractors to identify, prevent hidden or undisclosed changes that could disadvantage contractors, streamline contract review and reduce disputes.