![]() ![]() It is a energy-efficient way to build a building or a new garage. On the other hand, sidewalk sheds are substantial and durable. This makes it simple to store large items, or you to move them to other locations. This additionally saves both time and money, way larger pieces of furniture are not easy. ![]() It is also easier to build a solid sidewalk shed, especially if it is for large-scale projects, it saves both time and money, and it can also be set up or dissembled within a few hours. It saves both time and money because not only does the price of a solid sidewalk shed, but it can also be set up or dissembled within hours, if it saves both time and money. Until a higher court or the Legislature corrects the W 54-7 decision, the supplier may have no mechanics lien.What are the advantages of sidewalk sheds? Meantime, the supplier of job site toilets, Jersey barriers for highway construction, and other temporary items must beware. Equipment can be lienable if used “in connection” with the permanent improvement. Labor and material must be furnished “for” the permanent improvement. The New York Lien Law makes a distinction. Nonetheless, the supplier has a lien for its reasonable rental value. For example, a supplier delivering a trailer as a temporary construction site office expects to take it back at job’s end. Now, one can lien for the reasonable value (during periods of actual use) of equipment “in connection with” the improvement. No lien could be filed for the temporary hoist dismantled at job’s end. Until 1937, no mechanics lien could be asserted in New York for equipment which was not consumed in the improvement or left as a fixture. More fundamentally, the shed and scaffold are equipment. The subcontractor furnishing and installing the sidewalk shed and scaffold should also be able to lien. But, in our analysis, the contractor should be able to lien for both. In W 54-7, the Court tried to bisect the permanent improvement: the façade repair from the temporary work. The lumber supplier can lien for moneys due. When the pathways are removed, the lumber cannot be reused. ![]() For example, NYC subway construction contracts sometimes call for excavating a Manhattan street while providing temporary lumber pathways for displaced traffic. Window shades, soap dishes, and cutting a lawn are not permanent. The improvement must be of a permanent character. In New York, one can file a mechanics lien for performing labor or furnishing material for the improvement of real property. In the Matter of W 54-7 LLC v Interstate S&S Corp., First Department 11-3-2022. Because the shed and scaffold were held to be temporary structures, not a permanent improvement, the subcontractor’s mechanics lien was vacated. The sub was not paid so it filed a mechanics lien. A subcontractor furnished and installed the shed and scaffold, to be paid on a monthly basis, and eventually removed them. The contract required a pedestrian sidewalk shed and scaffolding for the repairs, both to be removed upon completion. An owner of a Manhattan 12-story building hired a contractor to perform façade repairs. ![]()
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