Thomas Rosenberg | Roetzel & Andress
In June 2026, the Ohio Legislature passed Senate Bill 262, the “Show Your Work Act” for construction contracts. The legislation mandates changes to how modifications to Ohio public construction contracts are made, effective September 17, 2026, and the bill was signed into law by Governor Mike DeWine on June 18, 2026. The changes apply to the use of all industry standard form contracts, such as A.I.A. Documents, Consensus Documents, EJCDC Documents and others. Contracts issued by the Ohio Department of Transportation for roads, highways and bridges are exempt from these new procedures.
The law applies to new contracts entered into on or after September 17, 2026. It requires that when a public entity enters into a construction contract using an industry-wide standard contract, the public authority must indicate any alterations to the form language by striking or underlining changes to the original language, adding cross-references, or including conditions supplemental to the standard form that cross-reference the section or sections being altered in the original form. If the alterations are not indicated in this manner, they are void, and the terms from the original form contract apply as the accepted contract provisions. A means by which to accomplish the requirements of the new law would be to state by way of example, “Section 8 notwithstanding original Section 7, the Owner shall have 90 days in which to advise the contractor of defective work.” Such a modification cross-references the section from the original contract and therefore is sufficient to render the new language valid.
This new law applies to contracts between a public authority and a construction manager at risk, a design-build firm, or general contracting firm, as well as subcontracts for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of any public improvement made by the state, county, township, municipal corporation, school district, other political subdivision, public board, commission, authority, special purpose district or a political subdivision authorized by state law.
It is anticipated that the Ohio Facilities Construction Commission will adopt rules for compliance with the Act’s requirements. However, the law goes into effect prior to the enactment of the rules.
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