No Claim for “Negligent Payment” Recognized

Kegler Brown Construction Newsletter

In an unusual case, a subcontractor filed suit against a tenant for unpaid labor and materials, arguing that he had a claim for "negligent payment" for the tenant's alleged failure to comply with the mechanic's lien law in making payment to the general contractor. Henderson Electric v. Elam Constr. Mgt. Serv. (1993), 92 Ohio App. 3d 98. The Court of Appeals for Hamilton County ruled that no such independent cause of action exists for "negligent payment" and denied recovery to the subcontractor.