A split state Superior Court has ruled that an excavation subcontractor’s mechanics’ lien on a property is not barred if no structure is ever built on the land.
A three-judge panel ruled 2-1, with Judge Sallie Updyke Mundy dissenting, to reverse a Montgomery County trial court’s ruling that dismissed plaintiff B.N. Excavating Inc.’s mechanics’ lien claim and sustained the preliminary objections in the nature of a demurrer filed by defendants PBC Hollow-A and PBC Hollow-B.
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