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Don't Lien on Me! The Construction Lien Act within the context of commercial leasing

Feb 18, 2015 | Article 

Written by Gasper Galati and Brian Parker
(The Six-Minute Commercial Leasing Lawyer 2015)

This paper addresses construction lien issues which arise when a tenant undertakes improvements to leased premises, specifically considering ways a landlord can protect itself from liability.

There are two ways that a landlord’s interest can become encumbered by a construction lien. One occurs when the landlord falls within the definition of “Owner” as that word is defined in the Construction Lien Act.[1] Under the CLA, “Owner” is given a meaning quite different from its usual meaning. This is especially relevant in landlord-tenant situations, since the landlord, the tenant, or both, may fall within the definition. In this paper I have capitalized the word “Owner” to indicate that it is being used in accordance with its definition under the CLA.

Read the full article Don't Lien on Me! The Construction Lien Act