Legal Question in Construction Law in Ohio
In Ohio does a Supplier to Supplier have lien rights? The original Supplier is manufacturing the product to be incorporated into the project and the person installing the product, will do a small mark up and install the product, which I believe will cause a Supplier to Supplier scenario; however, since they are installing it couldn't that be construed as a Subcontractor relationship because of the installation of the product?
1 Answer from Attorneys
NO! Supplier/manufacturer is the Seller, and Supplier #2 is the Purchaser, an independent contractor. There is no contractor-subcontractor relationship in my opinion. The parties each have independent rightrs to be paid, and to enforce that right when there is a default in payment.
Contractor #2 has the right to be paid by whoever profits by the installation of the item, i.e. the owner of the property improved thereby.
That's my two cents' worth.
Good luck.
Sincerely, J. Norman Stark
***
�WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE�
J. NORMAN STARK, ATTORNEY*
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100 Cel.:(216) 310-7100 Email: [email protected]
*Author: The Construction Claims Investigation Worklist�
***
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