M. J. Kelly Co. v. Haendiges

The question before this court is whether a subcontractor is required to file the affidavit of subcontractor referred to in R. C. 1311.04 with either the general contractor or the property owner as a prerequisite to obtaining a mechanic’s lien.

R. C. 1311.04 is a complex and often confusing provision of the mechanic’s lien law. It must be complied with before a contractor, subcontractor, materialman or laborer can sue or obtain a lien for money due him. The portions relévant to the instant cause state:

*507“■Whenever any payment of money becomes dne from the owner * * * or whenever the original…