A construction lien claimant sought an order authorizing the sale of a property and a declaration that the first mortgagee was an owner under the Construction Act, thereby giving the lien priority over the mortgage.
The plaintiff had performed demolition and rebuilding work on the property but remained unpaid for approximately $760,000 of work.
The mortgagee had taken possession of the property and changed locks.
The court dismissed the motion, finding that the mortgagee was not an owner under the Act because the work was not done at the mortgagee's request, despite evidence of the mortgagee's awareness and acquiescence to the work.
