B.N. Excavating, Inc. v. PBC Hollow-A, L.P.
71 A.3d 274
| Pa. Super. Ct. | 2013Background
- Appellant filed a mechanics’ lien claim for $118,670.71 against Providence Business Park West Phase II; lien arises from excavation and site work by Appellant under contract with Warihay Enterprises, Inc. (general contractor)
- Property owner(s) are Appellees; the property status and whether a structure existed are disputed facts relevant to lien viability
- Appellees moved to dismiss via Preliminary Objections in the nature of a demurrer; the trial court sustained, dismissing the lien with prejudice
- Appellant attached contract, invoices, and notices to its lien claim and complaint; the trial court ignored these pleadings in ruling
- Appellant argued the excavation and site work were incidental to planned construction of two buildings and thus lienable under 49 P.S. § 1201(12)(a)
- The Superior Court panel reversed the demurrer, then the case was heard en banc to resolve the continuing issue of whether site work performed in anticipation of construction can support a mechanics’ lien under the statute
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lien claim can survive a demurrer when facts show planned construction but no structure yet exists | Appellant; work was incidental to construction and connected to planned buildings | Appellees; no building or structure existed, so no lienable interest | Remanded; factual record should be developed to decide incidental-ness and lienability |
| Whether Sampson-Miller’s bright-line rule that no lien attaches to land without an erected structure should be retained or revisited | Sampson-Miller misapplied; excavation incidental to planned construction should be lienable | Sampson-Miller correct as to requiring a structure | Partially overruled; the court adopts a liberal interpretation of incidental to construction where excavation is integral to a construction plan |
Key Cases Cited
- Sampson-Miller Associated Companies v. Landmark Realty Co., 303 A.2d 43 (Pa. Super. 1973) (predecessor strict construction view; no lien for land work without erection of a building)
- Morehall Contracting Co., Inc. v. Brittany Estates Ltd., 578 A.2d 508 (Pa. Super. 1990) (unclear whether structure existed; remedy remanded for fact-finding)
- Dollar Bank, FSB v. EM2 Development Corp., 716 A.2d 671 (Pa. Super. 1998) (continuous scheme to erect; excavation incidental to construction supports lien)
- Parkhill v. Hendricks, 1913 WL 4630 (Pa. Super. 1912) (early mechanics’ lien limitations for work not connected to construction of building)
- Bricklayers of Western Pennsylvania Combined Funds, Inc. v. Scott's Development Co., 41 A.3d 16 (Pa. Super. 2012) (en banc; abrogated strict construction rule of Sampson-Miller with respect to 1201(12)(a) duties)
- Alan Porter Lee, Inc. v. Du-Rite Products Co., 79 A.2d 218 (Pa. 1951) (limits on lien scope for engineer services; construction focus)