M. J. KELLY CO. v. HAENDIGES

No. 78-1329.

58 Ohio St. 2d 505 (1979)

THE M. J. KELLY CO. v. HAENDIGES, APPELLEE; SHAKER MECHANICAL CORPORATION, APPELLANT.

Supreme Court of Ohio.

Decided June 27, 1979.


Attorney(s) appearing for the Case

Mr. Leonard P. Gilbert, for appellee.

Messrs. Newman & Newman and Mr. Joel I. Newman, for appellant.


Per Curiam.

The question before this court is whether a subcontractor is required to file the affidavit of subcontractor referred to in R. C. 1311.04 with either the general contractor or the property owner as a prerequisite to obtaining a mechanic's lien.

R. C. 1311.04 is a complex and often confusing provision of the mechanic's lien law. It must be complied with before a contractor, subcontractor, materialman or laborer can sue or obtain a lien for...

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