Faith Simms

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The Superior Court of Pennsylvania concluded 2023 by issuing two opinions that clarify (1) the costs recoverable under the Lien Law and (2) the requirements for perfecting service of a lien claim. Two key takeaways are:

  • A lien claimant cannot recover replacement and rental costs associated with equipment and materials not incorporated into the final structure; and
  • Proper service does not require the person served to be in charge of the business, so long as a sufficient connection exists between the person served and the defendant to show that service was reasonably calculated.

Continue Reading Pennsylvania Appellate Court Clarifies Recovery and Service Requirements of Mechanics’ Lien Law

Entech Engineering, P.C. v. Dewberry Engineers, Inc., 204 A.D.3d 467, 167 N.Y.S.3d 55 (1st Dep’t 2022)

The New York Supreme Court Appellate Division recently affirmed a ruling enforcing a pay-if-paid provision.

Defendant Dewberry Engineers, Inc. (Dewberry) contracted with the New York City Economic Development Corporations’ Build-It- Back Hurricane Sandy Program to inspect homes for structural, asbestos, and lead paint issues. Dewberry retained Entech Engineering PC (Entech) to perform pre-construction lead paint inspections of homes. The subcontract contained a pay-if-paid clause that made the city’s payment to Dewberry a condition precedent to Dewberry’s obligation to pay Entech.Continue Reading NY Appellate Court Enforces Pay-If-Paid Provision Against Party With No Lien Rights