Bailey Lumber Co. v. Ohio Department of Natural Resources

Bowman, Judge.

In July 1990, appellant, Bailey Lumber Company, initiated this action in the Ohio Court of Claims, seeking recovery based upon a sworn statement for a lien on funds payable to a contractor for public work. Appellant’s claim arose out of its agreement to supply materials necessary for the performance by the Quintana Construction Company (“Quintana”) of a contract with the Ohio Department of Natural Resources (“ODNR”) to build a concession stand at Lake Pymatuning State Park. Appellee, the Ohio Department of Development, acted as a surety on the contract pursuant to R.C. 122.89,…