Mechanics lien law is a hot topic these days in Pennsylvania. If you’ve followed the Lien Law Alerts on this blog you’ll know that 2012 has seen legislative bills seeking substantial changes to the mechanics lien laws (in favor of property owners) and the courts have handed down a number of rulings favorable to lien claimants.
One of the more significant rulings “killed” strict construction of mechanics lien claims in the state. This is part of a seemingly national trend for courts to decide whether mechanics lien claims should be strictly or liberally construed.
While Pennsylvania previously applied strict scrutiny, a recent Superior Court in Erie County issued a lengthy and well-written decision indicating that strict scrutiny by courts is a mistake and liberal construction should prevail. That case was Bricklayers of Western Pennsylvania Combined Funds Inc v. Scotts Development Company et al.
It seems that the opinion has caught the attention of the Pennsylvania Supreme Court and that they will take arguments on the case.
This was reported two weeks ago in the Legal Intelligencer in an article titled “Justices to Decide Construction of Pa. Mechanics’ Lien Law.” A hat tip to John Hugh Prorok (@jhp_esq) for calling our attention to the article, written by Ben Present (@BPresentTLI).
We can’t wait to see what the Supreme Court decides here, as the case may have far reaching implications on the state’s mechanics lien laws. You can follow the case on our blog at this tag. Of course, we’ll keep you updated on developments.