New PA Superior Court Opinion: Service of Notice of Intent to Lien

On March 11, 2019, the Pennsylvania Superior Court issued its opinion in American Interior Construction & Blinds, Inc. v. Benjamin’s Desk, LLC reversing a trial court’s dismissal of a subcontractor’s mechanics’ lien action based upon a finding of(…)

Pennsylvania Construction Notices Directory Experiencing Growing Pains

As this Blog previously reported, Pennsylvania’s Mechanics’ Lien Law underwent significant changes beginning January 1, 2017.  Among those changes was the introduction of an online Construction Notices Directory (the “Directory”) which owners, contrac(…)

Use of the New State Construction Notices Directory for Oil and Gas Construction Projects

An article in the March 2017 issue of The PIOGA Press, co-authored by Babst Calland Attorneys Dave White and Esther Soria Mignanelli, addresses the impacts of the recent amendments to the Pennsylvania Mechanics’ Lien Law (Act No. 142) and related newl(…)

PA Superior Court Suggests Service of Mechanics’ Lien Impermissible by Mail in Non-precedential Opinion

In a January 18, 2017 decision, the Superior Court of Pennsylvania issued a non-precedential decision in Babich v. Buffalo Wild Wings suggesting that service of a lien claim by mail upon an out-of-state owner in accordance with Pennsylvania Rules of C(…)

Changes to PA Mechanics’ Lien Law in 2017

As this blog as been reporting, significant amendments to Pennsylvania’s Mechanics’ Lien Law will become effective on December 31, 2016, creating new rights and obligations for owners, contractors, and subcontractors. These additional requirements are(…)

PA Superior Court Affirms Decision Limiting Mechanics’ Liens on Multiple Parcels

On January 29, 2016, in a non-precedential opinion, the Pennsylvania Superior Court affirmed a decision by the Lycoming County Court of Common Pleas that limited a contractor’s ability to obtain a Mechanics’ Lien for work performed on multiple parcels(…)

Complaints for Judgment on Mechanics’ Lien Claims Do Not Need to be Filed at a Different Docket Number than the Mechanics’ Lien Claim

In a case probably anticipated more by construction attorneys than their clients, the Pennsylvania Supreme Court in Terra Technical Servs., LLC v. River Station Land, L.P., 2015 WL 5703011 (Pa.  Sept. 29, 2015), reviewed the procedural issue of whethe(…)

Proposed Amendment to Mechanics’ Lien Law Seeks to Give Architects Lien Rights in Pennsylvania

Representative Dan Truitt, a Republican serving part of Chester County, Pennsylvania, recently proposed as House Bill 430 legislation that seeks to amend the Pennsylvania’s Mechanics’ Lien Law of 1963 (i.e. the current and applicable mechanics’ lien l(…)

Pennsylvania Amends Mechanics’ Lien Law to Protect Home Owners from Double Jeopardy and Clarify Priority Given to Open Ended Mortgages

On July 9, 2014, Governor Tom Corbett signed into law legislation amending Pennsylvania’s Mechanics’ Lien Law of 1963 (the current Mechanics’ Lien Law in Pennsylvania).  The stated primary purpose of the amendments is to protect homeowners who pay the(…)

AIA General Conditions Mediation Clause Covered Contractor’s Mechanics’ Lien Claim

The United States District Court for the District of Maryland recently interpreted the mediation clause in the AIA A201 -2007 “General Conditions of the Contract for Construction” to require mediation before proceeding with a mechanics’ lien claim.  K(…)

Construction Law 2013: A Year in Review

As a service to its clients and prospective clients, the law firm of Babst Calland will provide a complimentary “year in review” breakfast seminar which will cover an overview of 2013’s significant developments (both statutory and case-law) in the are(…)

Superior Court Requires Strict Compliance with Mechanics’ Lien Law

A non-precedential opinion issued on November 22, 2013 by the Superior Court of Pennsylvania in Advanced Construction Services, Inc. v. Cumberland Dining Group, Inc.illustrates the importance of strictly complying with the Pennsylvania Mechanics’ Lien(…)

Pennsylvania Superior Court Declares that Complaint to Enforce Mechanics’ Lien Claim May Be Filed at Same Docket Number as Mechanics’ Line Claim

On October 1, 2013, the Pennsylvania Superior Court issued a precedential opinion holding that when determining whether to apply the 2007 Amendments to the Mechanics’ Lien Law, the key date is the date upon which the lien is filed, and not the dates o(…)

Pennsylvania Superior Court Holds that Mechanics’ Lien Claim Exists for Excavation Work Performed Incidental to a Planned Improvement That Is Never Constructed.

In B.N. Excavating, Inc. v. PBC Hollow A, L.P., 2013 PA Super 120 (May 17, 2013), the Pennsylvania Superior Court sitting en banc reached a significant decision regarding whether a mechanics’ lien claim exists for excavation work performed incident to(…)

Mechanics’ Liens: Good News for Contractors; Bad News for Construction Lenders

In Commerce Bank/Harrisburg v. Kessler, 46 A.3d 724 (Pa. Super. Ct. 2012), the Superior Court held that a bank’s mortgage is not entitled to “super-priority” under the Mechanics’ Lien law unless all of the proceeds from the mortgage “are used to pay a(…)

Mechanics’ Liens: Is a Move to the Ohio Model on the Way?

Currently pending before the Pennsylvania Senate Labor and Industry Committee, House Bill No. 1602 (the “Bill”), if and when enacted, would add new notice requirements to the Lien Law. The majority of the Bill focuses on the creation of a new lien not(…)

Mechanics’ Liens: Labor Unions’ Right to File a Lien as a Subcontractor

In Bricklayers of Western Pa. Comb. Funds, Inc. v. Scott’s Development Co., 41 A.3d 16 (Pa. Super. Ct. 2012), the Superior Court held that (1) the substantive provisions of the Lien Law (as opposed to its procedural provisions) must be liberally const(…)