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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 construed to effect the Lien Law’s remedial purpose and (2) labor unions fell within the definition of “subcontractor” under the Lien Law, and therefore had the right to file a mechanics’ lien claim. On November 28, 2012, the Pennsylvania Supreme Court granted Scott’s Development Company’s petition for allowance of appeal. Therefore, in 2013 the Supreme Court will address whether the Superior Court interpreted the Lien Law too liberally and whether a labor union has the right to file a mechanic’s lien claim under the Lien Law.