R.T.B.H., INC., d/b/a MCANDREWS WINDOWS & GLASS COMPANY, Appellant, vs. SIMON PROPERTY GROUP, Appellee., 849 N.E.2d 764

Summary

A merchant leased space at the shopping mall. The lease provided for the merchant to demolish a cafeteria and to construct a store in its place. The merchant retained the contractor for the construction project, and the subcontractor did window and glass work. The store was completed without the owner's involvement. The contractor refused to pay the subcontractor. The court stated that in order for a mechanic's lien to attach to real estate, the improvements to the property had to be made under the authority and direction of the landowner. Something more than inactive or passive consent was required. The existence of a lease did not mean that the owner actively consented to the improvements. It had no interaction with the subcontractor, and there was no evidence that it had any significant interaction with the contractor. Its approval of the design plan was largely technical and perfunctory. The owner did not receive a direct benefit from the store. Furthermore, unlike the case relied ...