In order to foreclose on a mechanic’s lien where the work was performed by a tenant, the lienor must establish that the work that was performed was performed with the landlord/owner’s consent. In Americon Const. Inc. v. Radu Physical Culture, the Court affirmed a judgment of the trial court where the a foreclosure judgment was entered in the lienor’s favor. The Court noted that the owner’s consent to the work had been established because: 1) the lease between the tenant and owner specifically contemplated the improvements at issue; 2) the owner approved the hiring of the lienor as well as the construction plans that were followed; 3) the owner obtained the permits for the subject work; 4) the owner was “actively involved” in the work and attended site meetings; 5) employees of the owner e-mailed the lienor inquiring as to how it could help start the construction; and 6) the owner received the benefit of the improvements because it re-entered the space.
Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law. He can be reached at (631) 752-7100 or vtp@kushnicklaw.com
Need guidance on a construction law issue?
Speak with Kushnick Pallaci about your next step.
Our New York construction attorneys represent contractors, owners, developers, design professionals, and property stakeholders in disputes, contracts, liens, claims, and risk management matters.
