§ 36.06 CONDITIONAL ACCEPTANCE; REQUIRED REMEDY OF DEFECTS OR FAILURES.
   (A)   At the expiration of the 30-day test period, if no defect or failure on account of defective materials, apparatus, or workmanship, and no settlement shall have appeared, the conditional acceptance of the project will be made.
   (B)   From the date the contract is 50% complete, as evidenced by payments in the amount of at least 50% of the contract to the person with whom the city has contracted, except in the case of contracts the total cost of which is less than $15,000, all funds retained pursuant to R.C. §§ 153.12 and 153.14 for the faithful performance of work shall be deposited in an escrow account. After the contract is 50% complete, no further funds shall be retained. When the major portion of the project is substantially completed and occupied, or in use, or otherwise accepted, and there exists no other reason to withhold retainage, the retained percentages held in connection with such portion shall be released from escrow and paid to the contractor, withholding only that amount necessary to assure completion. Funds in the escrow account not heretofore paid, with accumulated interest, shall be paid to the person with whom the city has contracted 30 days from the date of completion or either acceptance or occupancy by the city.
(ORC § 153.13)
   (C)   If at any time within one year after completion of the project any portion of the work shall, in the opinion of the engineer, require repairing, replacing, or rebuilding, due to defective materials or workmanship or settlement, the contractor shall make repairs or replace or rebuild the same within five days after receipt of notice from the engineer. If the contractor shall fail or neglect to make the repairs, replacement, or rebuilding within 10 days from the service of notice, the city shall have the right to employ other persons as it may deem proper, whether by contract or otherwise, to remedy the defects or failures, and charge the expense thereof to the contractor.
(1980 Code, § 36.06)