Question

Alice and Harry Williams owned land in Clark County, Washington. They leased the land to to Whatcom Ltd. for use as a convenience store. Their lease obligated the couple to repair the facility. However, the tenant, Whatcom was also allowed to make required repairs. After nine years, the property was in disrepair as the store’s customers fell over broken tiles in the floor and water pipes leaked. Whatcom hired Donald to make repairs. The Williams saw Donald’s commercial van and the new materials for the repairs sitting on the property before the work began. After Donald completed the work, Whatcom did not pay in full. So, Donald filed a mechanic’s lien and asked the court to foreclose on the property. The Williams disputed the lien, arguing that they did not request the work. What is the purpose of a mechanic’s lien? Should property owners who do not contract for improvements be liable for the cost under such a lien? How might property owners protect themselves against a lien for work that they do not request? Explain. Cite your textbook for your support.

Answer 1

The purpose of a mechanic’s lien is to pro­vide security or protection to persons who improve the property of others by furnishing materials and labor. Even if a property owner has not actually authorized an improve­ment, the owner’s authority will be inferred if he knew about an improvement and did not act to avoid liability for it. Owners are required to take action rather than remain silent when they have notice that improvements are being made on their property or they will be estopped from attacking a mechanic’s lien. Here, the Baldwins knew that the improvements were going to be made to their property because they saw the tank. They could have pro­tected themselves against Duffield’s eventual lien by, for example, notifying Duffield immediately. Because they did nothing to protect themselves, the court should hold that Duffield is entitled to foreclose on the mechanic’s lien.