On March 24, 2023, BFKP partner Bradley Pollina published an article in the New York Law Journal that analyzed a recent court ruling invalidating a mechanic’s lien filed by a scaffolding subcontractor on a New York City property. The decision held that scaffolding companies can no longer file mechanic’s liens in New York, because scaffolding (and sidewalk sheds) are “temporary” and not for the “permanent improvement” of the property. The decision appears to be the first published decision vacating a scaffolding mechanic’s lien on this basis and came as a surprise to many, given that unpaid scaffolding subcontractors frequently file mechanic’s liens in New York. You can review a copy of Brad’s article [here].
