Benjamin R. Wright and Marc J. Felezzola Babst Calland Clements & Zomnir (Photo: Courtesy Photo)
Two recent opinions from Pennsylvania’s Superior Court clarify aspects of the practice and procedure surrounding mechanics’ lien claims in the commonwealth—one case addressed whether a subcontractor may serve its formal notice of intent to lien upon an owner via FedEx and the other addressed when, if ever, grounds for statutory preliminary objections to a mechanics’ lien claim will be deemed waived.
- Superior Court permits service of subcontractor’s formal notice of intent to lien via FedEx.
In American Interior Construction & Blind v. Benjamin’s Desk, 206 A.3d 509 (Pa. Super. Ct. 2019), the Superior Court was asked to determine whether the procedural rules of the Mechanics’ Lien Law were to be interpreted strictly or whether substantial compliance would suffice.
