Terra Firma Builders, LLC v. King, No. 15 MAP 2020, 2021 WL 1681341 (Pa. Apr. 29, 2021)

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.

 

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