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Of paramount importance to determining the deadline to file a Mechanics’ Lien Claim is the date of last work performed by the prospective claimant. A lien claim must be filed no later than six months after the claimant’s date of last work – lien claims filed after six months are time barred and will be stricken by any Court. As a result, the question of what constitutes “work” within the Law’s definition of “last work” has been the subject of much litigation, but without much guidance in the form of binding precedents from Pennsylvania’s Appellate Courts.
Continue Reading Can Punch-List Work be Considered “Work” to Determine Last Date of Work for Mechanics’ Lien Claims?

This blog is part of an ongoing series discussing the Pennsylvania Mechanics’ Lien Law. For more information on Mechanics’ Liens in Pennsylvania, click here.

For decades in Pennsylvania, there was a lack of clarity as to when Mechanics’ Lien Claim rights attached to a project where the work and materials provided were for the…

This blog is part of an ongoing series discussing the Pennsylvania Mechanics’ Lien Law. For more information on Mechanics’ Liens in Pennsylvania, click here.

For decades, Mechanics Lien Claims filed under the Pennsylvania Mechanics’ Lien Law of 1963 were reviewed scrupulously by the courts. Because Mechanics’ Lien Claims were considered “creatures of statute” in…

The Pennsylvania Superior Court recently relaxed the Pennsylvania Courts’ trend of scrupulously constraining the use of warrants of attorney, also known as “confession of judgment” clauses in non-consumer credit transactions. In Graystones Bank v. Grove Estates, LP., 2012 Pa.Super. 274 (2012), affirmed at 2013 Pa. LEXIS 2855 (Pa. 2013) a debtor made a Promissory Note in favor of the creditor, which contained a warrant of attorney. After some time, the debtor began to have trouble making payments under the Note. The creditor then required the debtor to establish an interest reserve and pledge additional real property as collateral, and to enter a “Change in Terms Agreement.” The Change in Terms Agreement did not itself include a warrant of attorney.
Continue Reading PA Superior Court Relaxes Formerly Strict Circumscription of Confession of Judgment Clauses

Many commercial credit agreements contain Confession of Judgment or “Warrant of Attorney Clauses.” In general terms, a Warrant of Attorney permits a creditor to enter judgment against a debtor without first giving notice and an opportunity to defend the case against him. Usually, the debtor will first become aware that judgment has already been entered against him by receipt of a notice.
Continue Reading Pennsylvania Superior Court Rules on Venue for Confessed Judgments

Are you a minority, woman, veteran or service-disabled veteran starting or currently running a business in Pennsylvania? If so, your business may be eligible for classification as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Veteran Business Enterprise (VBE), or Service-Disabled Veteran Business Enterprise (SDVBE).
Continue Reading Starting a Minority, Women, Veteran or Service-Disabled Veteran Business Enterprise in Pennsylvania

The Fair Labor Standards Act (FLSA) establishes certain minimum standards for private sector, local, state and Federal government workers including a 40-hour work week, minimum wages, and overtime pay. Compliance with the FLSA is not only mandatory for employers, but necessary to protect their employees and their pockets.
Continue Reading One Big Reason Why Employers Need to Comply with the Fair Labor Standards Act