Only three types of persons are entitled to enter a mechanic’s lien: general contractors (GCs), subcontractors, suppliers, and those with a direct contract with subcontractors. Anyone who has an agreement, express or implied, with the owner of the property is a contractor, provided they supply labor and materials for the erection, construction, alteration, renovation, or repair of an improvement on the property.
Those Who May Not Take A Mechanic’s Lien:
- Architects or engineers who contract with a contractor are not subcontractors within the definition provided by the statute.
- Those parties can only be contractors and have lien rights only if they contract directly with the property owner.
- All those below sub-subcontractors have no lien rights. This obviates lien rights for any material supplier dealing with a sub-subcontractor.
What About Work Requested by Tenants?
A proper qualified to take a lien may do so against the owner but not for work requested by the tenant, only, unless the property owner agrees in writing that the construction or improvements are for the owner’s immediate use and benefit. Likewise, if the property has multiple owners, the courts will pro-rate the amount of the lien to the portioned owned by the party who requested the work or performance.
