Philadelphia has seen a huge increase in the construction of condominium projects in the past few years and, with the economic downturn, many issues have surfaced for the contractors and subcontractors involved in these projects. Projects have been cancelled or delayed and, for those that were completed, sales have often been slow.

In addition, lenders have not been paid, cash is at a premium, and in many cases contractors or subcontractors are still waiting for payment. It comes as no surprise that there was a surge in the filing of mechanics’ liens against condominiums, which then highlighted for the first time for many, the relationship between the mechanics’ lien and condominium statutes and all its complexities.

The Statutes and Case Law