Pennsylvania used to be an unforgiving place for a subcontractor seeking to file a mechanics lien. For over thirty years, with few exceptions, higher tier contractors could waive a subcontractor’s lien rights by filing lien waivers before work began on the project. The onus was on the subcontractor to check with the Prothonotary to see… Continue Reading
Category Archives: Mechanics Liens
Subscribe to Mechanics Liens RSS FeedAlert – PA House Passes Bill Making Major Changes to the Mechanics Lien Law
Posted in Mechanics Liens, UncategorizedOn March 27, 2012, the Pennsylvania House of Representatives passed HB 1602, a bill that makes major changes to Pennsylvania’s mechanics lien law and if passed by the Senate and signed into law will impact any contractor working in Pennsylvania. All contractors should be aware that HB 1602 weakens a contractor’s most effective weapon against… Continue Reading
Mechanics Lien Earthquake: Everything You Learned About the Pennsylvania Mechanics Lien Law Is Now Wrong.
Posted in Mechanics LiensFor years construction lawyers in Pennsylvania have been taught that the requirements of the Mechanics Lien Law must be strictly followed or a mechanics lien claim will be stricken and lost. In decades of precedent, it has been repeatedly stated that the Pennsylvania Mechanics Lien Law is a “creature of statute in derogation of the… Continue Reading
Can An Equipment Rental Company File a Mechanics Lien?
Posted in Mechanics LiensYesterday, I presented at a CLE on Pennsylvania’s Mechanics Lien Law. As usual, I received great questions from those in attendance. One questioner asked an interesting questions regarding whether an equipment rental company was prohibited from filing a mechanics lien in Pennsylvania. I thought the answer was fairly easy and gave a quick “No” response. … Continue Reading
Beware of Standard Lien Waivers and Releases
Posted in Mechanics LiensA few months ago I wrote an article for Construction Executive Magazine about a Western District of Pennsylvania case, Sauer, Inc. v. Honeywell, that discussed the devils that exist in the details of standard lien waivers and releases and the dangers that lurk for those that do not pay attention to them. My article that… Continue Reading
Navigating a “Construction” Bankruptcy
Posted in Bankruptcy, Mechanics LiensStick around long enough and dealing with a bankruptcy during or after a construction project is inevitable. Moreover, when a member of the construction “chain” – owner, contractor, or subcontractor – files for bankruptcy everyone is effected. Receiving a Trustee’s “preference letters” might be largest cause of irate phone calls from clients to their attorneys. … Continue Reading
Pennsylvania Mechanics’ Liens and Bond Claims
Posted in Bond Claims, Mechanics LiensLooking for last minute CLE credits? Please join me on August 30, 2011 for at 12:30 p.m. for a 2 credit CLE “A Primer on Mechanics’ Liens and Bond Claims.” We will address: •Who can file a mechanics lien claim? •What projects are subject to a mechanics lien claim? •What are the specific requirements for… Continue Reading
Mechanics Liens For Excavation Work
Posted in Mechanics LiensAn excavator’s, landscaper’s, or demolition contractor’s right to a mechanics lien in Pennsylvania is a tricky question because, unlike typical trade contractors, there is not a per se right to a mechanics lien for excavating, demolition, or landscaping. The Mechanics Lien Law states erection, construction, alteration, or repair work includes demolition, excavation, and landscaping only “when… Continue Reading
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