The Contractor Critic’s
researchers are continuing to pour over court records and documents released
under the Ohio Public Records Act, related to Buckeye Electric’s construction
performance.This research continues to uncover additional examples of
instances where the documentation indicates that Buckeye Electric filed
cumbersome liens and then sued their clients.
Here is an instance where Buckeye liened and sued their client. Buckeye was,
in turn, counter sued for filing fraudulent liens.
Autozone was the owner of 3146 Reading Rd., 3858 Montgomery Rd. and 6696
Montgomery Rd. in Cincinnati and 2750 Dixie Highway in Hamilton. They hired
Buckeye Electric, Janson Construction Company and others for an eight-month-long
construction project at this property.
However, Buckeye Electric was not happy with the amount of money it received
for its labor and materials on this job. They began filing mechanic’s liens—
including one for $8,773 against Autozone and two mechanic’s liens against
Janson Construction for the sums of $922 and $7,830.
That wasn’t all. Just a few months later, Buckeye Electric also sued Autozone,
Janson Construction Company and Dymex Sign Company. Their court complaint
claimed that in addition to the amounts cited in Buckeye’s liens, Autozone also
owed them another $34,437.
Autozone did not sit on their laurels when challenged by Buckeye Electric’s
liens and court suit. They filed their own counterclaims, charging that Buckeye
Electric’s mechanic liens, "were fraudulent, in bad faith and in excessive
amounts."
When Buckeye Electric asked the court to dismiss these counter claims, the
court ruled:
"...there is an issue of fact with regard to whether the mechanics’ liens
filed by Buckeye were based on false and fraudulent charges. As such, the Court
hereby ORDERS that [Buckeye’s] Motion is not well taken and is DENIED."
In other words, the court refused to dismiss counter charges against Buckeye
for filing fraudulent liens in this case.