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Is this a viable lien?

New York

Is equipment rented out on the project site considered a lienable situation? Our sub never paid their equipment supplier and they liened the project. Its equipment, nothing that is a permanent part of the building. Is it a viable lien? thank you

2 replies

Dec 8, 2022

Unfortunately, the answer is that it depends. You are correct to note that the contribution to the improvement has to be permanent. Accordingly, an appellate court recently found that as scaffolding was not a permanent structure, the cost of its installation and removal was not lienable. However, there may be other types of equipment that can be argued were used on the more permanent aspects of the improvement. Here, it's going to depend on what, exactly, was provided. Please feel free to reach out to me so we can discuss the specifics of this situation.

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Dec 8, 2022

Unfortunately, the answer is that it depends. You are correct to note that the contribution to the improvement has to be permanent. Accordingly, an appellate court recently found that as scaffolding was not a permanent structure, the cost of its installation and removal was not lienable. However, there may be other types of equipment that can be argued were used on the more permanent aspects of the improvement. Here, it's going to depend on what, exactly, was provided. Please feel free to reach out to me so we can discuss the specifics of this situation.

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