Sub Victorious on Mechanic’s Lien
Kegler Brown Construction Newsletter July 1, 2007
An earlier newsletter (December 2006) reported that the Court of Appeals vindicated the right of a subcontractor to lien a factory for “improvements to a building, fixture, appurtenance or other structure” under the modern mechanic’s lien law.
The case was returned to the trial court for a jury trial in Guernsey County to determine the “amount due and owing” our client subcontractor (Mid-Ohio Mechanical) on its mechanic’s lien. After a hotly contested jury trial, the jury awarded the subcontractor every penny it sought ($768,396.67) under its mechanic’s lien.
The trial court is currently evaluating the subcontractor’s request for payment of legal fees from the cash escrow deposited by the contractor to “bond off” the lien.