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Category Archives: Mechanics Liens

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The Biggest Change to the Mechanics Lien Law Since 1963

Posted in Mechanics Liens

The New Year will bring with it the biggest change to Pennsylvania’s Mechanics Lien Law since the current law was passed in 1963.  These changes will impact owner, contractors, and subcontractors equally.  However, the biggest benefits will probably be for real estate developers and other project owners. On December 31, 2016, Pennsylvania will go live… Continue Reading

5 Construction Law Trends to Watch in 2015

Posted in Construction Labor Law, Government Contracts, Infrastructure Construction, Mechanics Liens, Public Contracts, Public Private Partnerships (P3), Unions

As we enter the New Year, here is a look at 5 areas that will be a hot bed of legal activity for contractors and their attorneys. 1.   Aggressive Union Activity. Decreasing membership and market share, will cause Big Labor to ramp up efforts to “persuade” public and private owners to use an all… Continue Reading

Supreme Court Reestablishes Lien Law Precedent (Sort of)

Posted in Mechanics Liens

In January 2012, the Pennsylvania Superior Court issued a decision in Bricklayers of Western Pennsylvania Combined Funds v. Scott’s Development Co., that we called a “mechanics lien earthquake” because it overturned decades of prior precedent that in order to properly file and perfect a mechanics lien, a contractor or subcontractor, needed to strictly follow the… Continue Reading

Liens for Everyone (Updated)

Posted in Mechanics Liens

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

Alert – PA House Passes Bill Making Major Changes to the Mechanics Lien Law

Posted in Construction Law, Mechanics Liens

On 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 Liens

For 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 Liens

Yesterday, 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 Liens

A 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 Liens

Stick 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 Mechanics Liens, Payment Bond Claims

Looking 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 Liens

An 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