F & D Electrical Contractors, Inc. v. Powder Coaters, Inc.

I respectfully and reluctantly dissent. Attempting to apply the mechanic’s lien statute in a landlord-tenant context presents vexing problems not normally encountered in the typical mechanic’s lien case. The primary reason for this, in my view, is that while the mechanic’s lien statute necessarily contemplates agreements between parties, or consents by a party, the entire scheme is more in rem than it is in personam. The primary focus of the action is against the property that has been improved. Even when no agreement or consent is found, courts have historically allowed the unpaid mechanic…