Case Law Alerts
Supreme Court holds that an unperfected lien may be stricken at any time and Section 505 of the Mechanics’ Lien Law places no time limit on challenges raised in subsequent proceedings.
The Supreme Court of Pennsylvania decided, and thereby reversed a Superior Court decision, that a homeowner’s objection to a lien defect was waived. The Supreme Court held that an unperfected lien may be stricken at any time and that Section 505 of the Mechanics’ Lien Law places no time limit on challenges raised in subsequent proceedings.
For contractors, Terra Firma is a reminder to perfect any mechanics’ liens and ensure that all procedural requirements are satisfied, for it can be stricken at any time. For property owners confronted by mechanics’ liens, carefully ensure that the filer complied with procedural requirements.
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.