Burroughs Framing Specialists, Inc. v. 505 W. Main St., L.L.C.
2014 Ohio 3961
Ohio Ct. App.2014Background
- Burroughs Framing Specialists, Inc. appeals Ottawa County Common Pleas Court’s denial of its motion to correct or amend the mechanic’s lien affidavit and the grant of summary judgment to 505 West Main Street, LLC, the Sapps, and Citizens Banking Company.
- Appellant’s lien affidavit incorrectly states the first and last dates of work as May 6, 2012 and December 15, 2012, though the affidavit was signed February 10, 2012 and filed February 17, 2012.
- Plaintiff alleged contract with 505, the Sapps, and others for work at the property totaling about $92,206; breach, quantum meruit, and potential lien-related claims were asserted.
- Citizens challenged the lien’s validity; 505, the Sapps, and Citizens separately moved for summary judgment on various claims.
- Trial court concluded the affidavit was incorrect and not modifiable, dismissed breach claims, and granted summary judgment to appellees; the court ruled the lien was not valid due to statutory noncompliance.
- Appellant argues for liberal construction of remedial lien statutes and that the affidavit could be amended; theCourt reverses, finding substantial compliance and validity of the lien.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May amend lien affidavit despite clerical error? | Burroughs argues the error is clerical and amendable under statute. | appellees contend no amendment permitted once filed; strict compliance required. | First assignment moot; lien ultimately found valid due to substantial compliance. |
| Whether summary judgment was proper on the lien validity and related claims? | Burroughs asserts factual questions remain and lien validity should be resolved on merits. | Appellees contend there is no genuine issue and lien defects warrant judgment for defendants. | Summary judgment reversed; lien held valid and breach of contract claim adequately pled. |
Key Cases Cited
- Mahoning Park Co. v. Warren Home Dev. Co., 109 Ohio St. 358 (Ohio 1924) (strictly construed as to perfection when mandatory requirements are unmet)
- C.C. Constance & Sons v. Lay, 122 Ohio St. 468 (Ohio 1930) (perfection steps must be followed; remedial vs. mandatory distinctions noted)
- Robert V. Clapp Co. v. Fox, 124 Ohio St. 331 (Ohio 1931) (lien statutes should be liberally construed after lien attachment)
- Crock Constr. Co. v. Stanley Miller Constr. Co., 66 Ohio St.3d 588 (Ohio 1993) (sworn statement must itemize charges for lien attachment)
- Fairfield Ready Mix v. Walnut Hills Assocs., Ltd., 60 Ohio App.3d 1 (Ohio App. 1st Dist. 1988) (incorrect owner naming can invalidate lien under strict adherence)
- Hoppes Builders & Dev. Co. v. Hurren Builders, Inc., 118 Ohio App.3d 210 (Ohio App. 2d Dist. 1996) (incorrect owner name in affidavit violated strict R.C. 1311.06)
- State ex rel. Alban v. Kauer, not applicable (cited for remedial liberal construction in context) (Ohio 1960) (remedial lien provisions considered with liberal construction)