You own a small shopping center and one of the tenants is having ...

[Deast7027]

You own a small shopping center and one of the tenants is having some work done on the roof of his store. Explain what you should be concerned about as the owner.

Question 2

If there is a written contract, a disclaimer of the implied warranty of merchantability must be conspicuous.
  Indicate whether the statement is true or false

[sokh]

Answer to Question 1

Relying on the two consent cases in the chapter, the students should explain that the owner needs to clarify his relationship with both the tenant and the contractor. If the owner does not consent and gives them notice that he does not consent, he cannot be held liable for the expense of the roof repair and his property cannot be liened. If, however, he does nothing and lets the repairs be made, there are issues that can arise in terms of his implied acquiescence and allowing the work to continue.

Answer to Question 2

TRUE