Mechanic's Lien Article on New Amendments (00763924).DOC
PENNSYLVANIA LEGISLATURE MODERNIZES THE CONSTRUCTION
MECHANIC’S LIEN LAW
By:
Allan L. Fluke, Esq., PUCA Legal Counsel*
THORP REED & ARMSTRONG
One Oxford Centre, 14th Floor
301 Grant Street
Pittsburgh, PA 15219
(412) 394-7752
afluke@thorpreed.com
In a much awaited legislative move, the Pennsylvania legislature moved this past year
more into the mainstream of other states’ construction mechanic’s lien laws by passing
amendments to the existing Pennsylvania Mechanic’s Lien Law. The provisions of the revised
Mechanic’s Lien Law became effective January 1, 2007, and the law is expected to have
immediate impact in future planning and drafting development and construction contracts for
private construction in Pennsylvania.
Many PUCA members do only public work. These projects are several water line and
plant projects let by municipal governments, authorities or even the state. These projects are
non-lienable under the Mechanic’s Lien Act and will not be affected by the change in the law.
However, for those contractors and excavators who also do private work and the
suppliers and subcontractors who do work or supply material on private work, the changes have
a great impact!
Some of those changes to the Mechanic’s Lien Law for construction projects follow:
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Mechanic's Lien Article on New Amendments (00763924).DOC
Waiver of Lien Law on Non-Residential Building Projects Prohibited
In the most dramatic change in the Pennsylvania Mechanic’s Lien Law, the legislature
provided that advance waiver of a construction contractor’s lien rights against the property and
therefore, the owner, on non-residential building construction projects is unlawful and void. As
those who are involved in construction in Pennsylvania are aware, waiver of a contractor’s lien
rights against the property and the owner was previously permitted by the filing of a waiver with
the common pleas court prothonotary.