Any subcontractor, material supplier, or laborer who is performing or has performed labor or work or is furnishing or has furnished material for any public improvement provided for in a contract between the public authority and a principal contractor, and under a contract between the subcontractor, material supplier, or laborer and a principal contractor or subcontractor, at any time, not to exceed one hundred twenty days from the performance of the last labor or work or furnishing of the last material, may serve the public authority an affidavit stating the amount due and unpaid for the labor and work performed and material furnished, when the last of the labor or work was performed and when the last of the material was furnished with all credits and setoffs thereon, and the post-office address of the claimant. If a claimant serves an affidavit under this section, the claimant shall serve the affidavit to the representative of the public authority named in the notice of commencement.
One or more laborers may authorize an agent to prepare, execute, file, and serve the affidavit required by this section. The affidavit may set forth the claims of one or more laborers, provided that the affidavit separately itemizes the claim of each laborer and may set forth claims for wages that are contractually due but are unpaid.
Crock Constr. Co. v. Stanley Miller Constr. Co., 66 Ohio St. 3d 588 (Ohio 1993). · cites it 15דThis case requires us to construe the provision of former R.C. 1311.26 which specified that a “sworn and itemized statement of the amount and value” of labor performed and material or machinery furnished be filed when seeking a mechanic’s lien in connection with a public works…”
In Re Wm. Cargile Contractor, Inc., 151 B.R. 854 (Bankr. S.D. Ohio 1993). · cites it 14ד23] and those governing mechanics’ liens for public works construction [ORC §§ 1311.26 — .32] operate in distinct domains.”
L.E. Myers Co. v. Jordano Elec. Co., 547 N.E.2d 1014 (Ohio Ct. App. 1988). · cites it 11דMyers, a subcontractor, first filed a statutory lien *133 against ODOT pursuant to R.C. 1311.26 et seq. because the prime contractor, Jordano Electric Company (“Jordano”), had failed to pay Myers for its work and materials used on an ODOT highway lighting project.”
Ohio Ex Rel. Star Supply, Div. of Star Indus., Inc. v. City of Greenfield, 528 F. Supp. 955 (S.D. Ohio 1981). · cites it 8דOn August 30, 1979, Star Supply filed a statement for lien on public funds pursuant to O.R.C. § 1311.26. Star Supply filed a copy of the statement with the County Recorder of Highland County, Ohio, pursuant to O.”
Poenisch v. Kingsley-Dunbar, Inc., 582 N.E.2d 1071 (Ohio Ct. App. 1990). · cites it 8דWhen payment was not received by plaintiffs, they filed a lien against public funds held by the state pursuant to R.C. 1311.26. Not receiving what plaintiffs felt were due them, they filed a complaint against the above-named defendants.”
Hoppes Builders & Dev. Co. v. Hurren Builders, Inc., 692 N.E.2d 622 (Ohio Ct. App. 1996). · cites it 5דby noting that the issue in that case was whether the plaintiff had complied with former R.C. 1311.26, which required the filing of a sworn and itemized statement of value of labor performed or material furnished in connection with a mechanic’s lien on a public works project.”
SRS Distrib., Inc. v. Axis All., L.L.C., 2020 Ohio 1529 (Ohio Ct. App. 2020). · cites it 3דIn Crock, “the court of appeals determined that R.C. 1311.26 should be liberally construed in light of the former R.”
United States ex rel. Naberhaus-Burke, Inc. v. Butt & Head, Inc., 535 F. Supp. 1155 (S.D. Ohio 1982). · cites it 2דWhile the motion states that “defendant” is so moving, the attorney of record, as indicated on the cover page of the motion itself, represents both Defendants, and said motion will be treated as if it was made by both defendants.”
State ex rel. Dinneen Excavating Co. v. Sykes, 531 N.E.2d 1309 (Ohio 1988). · cites it 12דThe pertinent law is set forth in R.C. 1311.26 through 1311.32. R.C. 1311.26 provides that any subcontractor who has performed labor or furnished material for the construction of any public building provided for in a contract may file with the owner or agent thereof (here, the…”
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