Laborers and material suppliers (collectively, “Providers”) that add value to construction projects are entitled to be paid for their work by the owner, general contractor or whoever else hired them for the project in the first instance. If Providers do not receive payment despite their own performance, several remedies are available.

By: Jonathan H. Freiberger Today’s BLOG article is about Thorobird Grand LLC v. M. Melnick & Co., a case decided by the Appellate Division, First Department, on December 12, 2024, and which involves mechanic’s liens. The Facts of Thorobird[1] Plaintiff, as owner, hired defendant M. Melnick & Co., as contractor, on several projects. Pursuant to the parties’ agreement, contractor was required to procure performance[2] and payment bonds[3] from a surety; in this case, defendant