In October 1981, Robert E. Hinkle leased to Raymond Arington the Dixie Plaza in Upshur County, West Virginia. The lease agreement contained the following clause:
Any improvements made to the leased premises shall, upon termination of this lease or the termination of any extension thereof, become the property of the lessor.
Arington hired Dunlap and others to do electrical and carpentry work to a building located on the premises. Arington went out of business shortly thereafter, owing Dunlap money for wages and materials.
On March 3, 1982, Dunlap filed a mechanic's lien against the property. That same day he filed a suit to enforce the lien against Arington and Hinkle. Can Arington and Hinkle be subject to a mechanic's lien and its foreclosure?

Question

Quizplus · Accepted Answer

Hinkle cannot be subject to a mechanic's lien unless he was involved with or agreed to the improvements, as the lien typically applies to the party who contracted for the work.