Decomposition cleanup subject to lien law

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Appellant-Plaintiff, Midwest Biohazard Services, LLC (Biohazard), appeals the trial court’s Order of dismissal of its claim to foreclose on a mechanic’s lien and Order transferring its remaining claim to Jackson County. Biohazard raises two issues for our review, which we restate as:  (1) Whether the trial court erred when dismissing Biohazard’s claim to foreclose on its mechanic’s lien; and (2) Whether the trial court erred by transferring the remaining claims to Jackson County.

Conclusion (slip op. at 8):  We conclude that the trial court erred when it dismissed Biohazard’s claim to foreclose on its mechanic’s lien, and additionally erred when it transferred the case to Jackson County. Reversed and remanded.

Key Analysis (slip op. at 6):  The decontamination of the house performed by Biohazard clearly meets this latter definition of “repair,” and we see no reason why the plain, ordinary, and usual meaning of repair would exclude restoring property “to a sound healthy state,” as well as restoring by “replacing a part or putting together what is torn or broken.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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