(L-R) John W. Dornberger, Jeffrey P. Wallack, and Sean C. Campbell of Post & Schell. Courtesy photos Lien on Me: Removal of Pennsylvania Mechanics' Lien Actions to Federal Court
Contractors and owners with projects in Pennsylvania need to understand the existing authority allowing removal of a Pennsylvania Mechanics' Lien Action to federal court under certain circumstances and the advantages that may exist if or when a lien action is removable.
August 10, 2022 at 12:52 PM
10 minute read
Construction
Whenever a Pennsylvania construction lawyer files a Mechanics' Lien in a Pennsylvania state court, most practitioners first brace for the oft-asserted preliminary objections raising some procedural defect under the byzantine maze that is the Pennsylvania Mechanics' Lien Law of 1963, 49 P.S. Section 1101 et seq. (Pennsylvania Mechanics' Lien Law). Next, practitioners file state court lien enforcement complaints, seeking to reduce their client's mechanics' lien to judgment, consistent with the Mechanics' Lien Law and Rules 1651-1661 of the Pennsylvania Rules of Civil Procedure—a state court process, through and through.
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