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Miller Act Claims Are Not Easily Tossed Aside

Miller Act Claims Are Not Easily Tossed Aside

The Miller Act provides protection for contractors and suppliers on a federal construction project. The Act requires that the prime contractor on a federal project post a bond. This bond covers both first and second tier contractors and suppliers. Generally, if you are a third tier contractor or supplier, you have no rights under the […]

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Design Professionals Beware: Can Be Held Liable For Defective Designs

Brace yourself. Legal jargon is coming. What is the economic loss doctrine? Simply put, the economic loss doctrine is a legal rule that bars tort claims (negligence claims) purely for economic loss. There must be some sort of personal injury or damage present in order for the claim to be valid. This doctrine has protected […]

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Pennsylvania Court Explains Exception To No Damage For Delay Clause

  Contract law can be confusing and tedious. Courts continually comb through contracts, picking apart words and provisions. There seems to be no such thing as an airtight clause. The only things that are guaranteed in life are death and taxes. “No damage for delay” clauses are no guarantee either to hold up in a […]

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Pennsylvania Seeks To Expand Design Professionals’ Mechanics Lien Rights

Design professionals, architects and engineers, are integral and important parts of the construction world. They may not perform the same functions as your average contractor, but design professionals still face issues,  such as non-payment, familiar to other construction participants. Some states do not specifically include these professionals in their lien law statutes, and in a […]

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Pennsylvania Supreme Court Reviewing Mechanics Lien Enforcement Procedure

Pennsylvania’s Supreme Court will determine the fate of a claimant who filed several mechanic’s lien claims and mechanics lien enforcement actions to secure an unpaid debt owed to them after rendering over $2 million dollar in demolition services. With this case, Terra Technical Services, LLC v. River Station, L.P., the court can pave the way […]

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How to Serve a Mechanics Lien in Person

Serving a mechanics lien, or providing a copy of the lien to interested parties, ensures that they receive notice and can promptly recognize and pay your claim. In most states, mechanics liens lien may be served through the mail, usually by sending it via certified mail – sometimes with return receipt requested. Not every state makes the […]

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Pennsylvania Modifies Lien Law

Last month, the Construction finance Journal noted that Pennsylvania has been a hotspot for proposed mechanics lien changes. These changes and potential changes considered whether union workers should be classified as employees or subcontractors, examined the question of “unfair” liens as related to Pennsylvania being a “full-price” or “unpaid balance” lien state, and contemplated the creation of a […]

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Even More Changes Afoot For Pennsylvania Lien Law?

Pennsylvania has recently been a hotbed of proposed and actual modifications of its mechanics lien law. From considering whether union workers were more properly classified as employees of the general contractor or subcontractors, to taking a look at “unfair” mechanics liens and whether Pennsylvania should be an unpaid balance or full-price lien state with regard […]

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Pennsylvania’s New Law Limiting Mechanics Liens Is Poorly Drafted

Mechanics liens provide security for extensions of labor and/or materials to a construction project. That security can sometimes be decreased, however, by the amount paid to the general contractor by the property owner by some certain date. In states where this is the case, the mechanics lien may only attach in an amount equal to […]

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Pennsylvania Legislature Revisits Mechanics Liens for Union Trustees

Mechanics Lien Enforcement and Litigation

We recently discussed the Pennsylvania Supreme Court’s decision in Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott’s Development Co. and Laborers’ Combined Funds of Western Pennsylvania, et al., v. Scott’s Development Company, in which it was held that union workers, by virtue of their collective bargaining agreement, were to be classified as employees of the general contractor […]

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