Broadway Concrete Invests, L.L.C. v. Masonry Constracting Corp.

Citations

• 185 N.E.3d 612
• 2022 Ohio 530

Syllabus

Payment Act R.C. 4113.61 interest attorney fees breach of contract mechanic's lien bond. - Trial court's judgment finding that appellant had violated Ohio's Prompt Payment Act set forth in R.C. 4113.61 and awarding interest and attorney fees for the violation reversed because the trial court improperly found that appellant was prepaid for appellee's work and that the statute therefore required appellant to pay the appellee within 10 days of receipt of appellee's invoices, rather than 10 days after payment from the upper tier contractor trial court's judgment that appellant breached the contract between appellant and appellee reversed because the trial court based its judgment on terms that were not part of the contract trial court's judgment that surety company was liable on a surety bond for any part of the judgment rendered against the subcontractor was affirmed because neither the surety company nor the subcontractor challenged the underlying mechanic's lien at trial, thereby waiving any challenge on appeal.