Government / public contracting
Conservancy districts would get a stronger contract shield
The Ohio bill would block indemnity demands, out-of-state court clauses and terms that can be changed without real negotiation. It also voids hidden provisions tied to liability and replacement costs.
Ohio conservancy districts that buy goods or services would get firmer protection from one-sided contract terms. The bill says those clauses would be void, while the rest of the contract could still stand.
- Indemnity clauses would be banned in conservancy district contracts.
- Disputes could not be pushed to out-of-state venues.
- Hidden or unilaterally changeable terms would be off-limits.
- The bill is about who carries risk when public districts buy goods or services.
- In Ohio, conservancy districts that buy equipment, hire contractors or sign service agreements would get a stronger hand at the contract table
In Ohio, conservancy districts that buy equipment, hire contractors or sign service agreements would get a stronger hand at the contract table. The bill would keep them from being forced into deals that make the district cover someone else’s losses, accept a venue outside Ohio or swallow terms they never truly negotiated.
That matters because conservancy districts are public bodies. When the contract language shifts risk away from the vendor and onto the district, the public can end up carrying the cost if a project goes wrong.
The fine print it blocks
The proposal would bar a contract for goods or services from requiring the district to indemnify or hold harmless another person. It would also block venue clauses that send a dispute anywhere other than a court of proper jurisdiction in Ohio.
Another off-limits term would be one that caps the district’s recovery for direct loss tied to bodily injury, death or damage to district property caused by another party’s negligence, willful misconduct, fraud, recklessness or other tortious conduct. The bill would also bar clauses that were unknown at signing, were not specifically negotiated, or could be changed unilaterally by the other side.
Available vote records show the bill advanced without recorded no votes.
A cleaner lane for public buyers
The practical effect is leverage. Vendors could still do business with conservancy districts, but they would have less room to load the deal with hidden risk transfers or one-sided escape hatches.
For taxpayers, the change is less visible on paper than in a dispute. It narrows the chance that a public district signs away protections that matter only after something breaks, someone gets hurt or a project turns into a fight over who pays.