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creditor mechanics lein

New York

i have a construction business. My rental equipment company wants to file a mechanics lein on my customers property for non payment. The machine was dropped off there for one day and the project was put on hold. I removed the machine and used it on other jobsites. The rental company now took all of the invoices and want to put a lein on that customers property. I explained to them no work was preformed. the contract was cancelled yet they still are going after them for payment of the machine, even though it was never used on their property. what do i do. They said the machine was dropped off there, they are responsible.

1 reply

Mar 16, 2022
Did you pay the rental company for the machine? Regardless, the rental company cannot rely on where it dropped the machine, it will have to prove it was used at that location. If it cannot, it may find it has to defend a claim of wilful exaggeration. but the company needs to be paid for the rental.
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