Redco Construction v. Profile Properties, LLC
2012 WY 24
| Wyo. | 2012Background
- Profile Properties (landlord) leased commercial space to Clean Start (tenant) and agreed renovations were necessary to convert to a laundry facility.
- Redeo Construction contracted with Clean Start to perform the renovations, with Clean Start responsible for payment; Profile did not contract with Redeo.
- Profile granted permission to renovate but did not review or control design details or specific costs; the work occurred before Lease was signed.
- Electrical upgrade was funded by Profile upfront, with Clean Start repaying via higher rent for two years; other contractors, including Yarber, were engaged directly by Clean Start.
- Renovations left incomplete after Clean Start ceased payments and was evicted; Redeo and Clean Start dispute whether Profile’s eviction caused non-completion.
- Wyoming lien statute allows a lien against a landlord’s property if the landlord (i) agreed to pay for improvements or (ii) specifically authorized the improvements; this case centers on whether Profile specifically authorized the work.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does 'specifically authorized' require an agency relationship? | Redeo argues agency is implied by authorization. | Profile contends no agency; mere knowledge/permission suffices. | Agency required; statute not satisfied here. |
Key Cases Cited
- Jordan v. Natrona Lumber Co., 52 Wyo. 393 (Wyoming Supreme Court 1938) (historic rule on landlord-tenant improvements and liens)
- Master Asphalt Co. v. Voss Construction Co., Inc. of Minneapolis, 535 N.W.2d 349 (Minn. 1995) (authorization requires contractual/directional owner action, not mere permission)
- Hussmann Refrigeration, Inc. v. South Pittsburg Associates, 697 S.W.2d 588 (Tenn. Ct. App. 1985) (four-point test for landlord-tenant agency in lien context)
- Maverick Motorsports Group, LLC v. Wyoming Dept. of Revenue, 253 P.3d 125 (Wyoming 2011) (agency concepts applied to Wyoming tax/agency context)
- Cheyenne Newspapers, Inc. v. Building Code Bd. of Appeals of City of Cheyenne, 222 P.3d 158 (Wyoming 2010) (statutory interpretation framework for unambiguous language)