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Buckeye Electric Company, Inc., Issue No. 4

November 2002

The Contractors Critic
Buckeye Electric Company, Inc
Reporting on Safety, Productivity, and Honesty in the Construction Industry.

Change Orders & Fradulent Claims

Judge Refused to Dismiss a claim of Fraudulent
Liens Against Buckeye Electric

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.

Critic Up Next

As of publication, Buckeye has not made any suggestions or refuted any of the information in this publication.

Critic Up Next