BND Rentals, Inc. v. Dayton Power & Light Co.

Citations

• 158 N.E.3d 993
• 2020 Ohio 4484

Syllabus

The trial court erred in concluding that appellant had to have a contractual relationship with appellee, a property owner, in order to recover under the mechanic's lien statutes. As a party who furnished equipment used to complete a contract, appellant could potentially have qualified to file a lien under R.C. 1311.02. However, the court's error was immaterial because the removal of items from appellee's property did not fit within the definition of an \improvement\ in R.C. 1311.01(J). Appellant therefore was not entitled to file a mechanic's lien because it did not furnish equipment used to remove an improvement. There are no genuine issues of material fact on this point. Judgment affirmed. (Hall, J., concurring.) (Froelich, J., dissenting.)