Litigation

The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.

En Banc Superior Court Holds Excavator’s Mechanics’ Lien Claim Valid Despite Structure Never Being Erected

In B.N. Excavating, Inc. v. PBC Hollow-, L.P., 2013 Pa. Super. 120 (May 17, 2013), the Pennsylvania Superior Court sitting en banc addressed the issue of whether a mechanics’ lien claim exists for excavation work performed pursuant to a planned improvement that is never erected. The court held that the right to such a lien exists, further developing the line of reasoning used in its holding in Bricklayers of Western Pennsylvania Combined Funds, Inc., v. Scott’s Development Co., 41 A.3d 16 (Pa. Super. 2012), where the court proclaimed that a “liberal construction” should be employed for non-procedural provisions of the Mechanics’ Lien Law.

B.N. filed a mechanics’ lien claim on June 8, 2009 in the amount of $118, 670.71 against property and improvements owned by PBC in the Court of Common Pleas of Montgomery County. B.N. subsequently filed the Complaint upon the lien as a subcontractor. B.N. claimed that it entered into a contract with general contractor Warihay to provide labor and materials for excavation work, completing such work on December 18, 2008. Owner PBC filed preliminary objections, arguing that the lien for excavation work was barred because it was incidental to planned construction, but that a structure was never erected. Based on this fact, the trial court dismissed the lien claim, finding that Sampson-Miller Associated Companies v. Landmark Realty Co., 303 A.2d 43 (Pa. Super. Ct. 1973) barred lien claims when no improvement is erected in relation to the work. B.N. appealed to the Superior Court.

The Superior Court addressed its prior decision in Sampson-Miller, and rejected those cases that interpreted it to provide a bright-line rule that mechanics’ lien rights never exist in the absence of a constructed improvement. Instead, the Court stated that nothing in the Mechanics’ Lien Law requires that a structure actually exist or that construction of the improvement must be completed; the Lien Law requires only that “excavation must be performed incidental to the erection or construction of an improvement in order to create lien rights.” As such, the Superior Court held that B.N.’s lien rights exist even if no structure was ultimately constructed as argued by owner PBC.

It is important to note that the court acknowledged that it remains true that when excavation work is performed independent of a plan to construct an improvement, the law will not provide lien claim rights. This remains consistent with the statutory language of 49 P.S. § 1201(12)(a), thus supporting the long-standing proposition in Pennsylvania that a mechanics’ lien must be connected to the construction of a building. The court also acknowledged that its holding is consistent with its analysis in Dollar Bank, FSB v. EM2 Development Corp., 716 A.2d 671, 673 (Pa. Super. Ct. 1998), where the court held that a lien attached when excavation and related site work is performed as part of a continuous scheme to erect a structure. This case is an example of the Superior Court’s recent shift to a more flexible application of the law for substantive; as opposed to procedural issues in mechanics’ lien claims.

About Us

The litigation attorneys at Houston Harbaugh, P.C., are accomplished business trial lawyers, providing comprehensive support in litigation across a broad spectrum of matters throughout Pennsylvania, West Virginia, Ohio and other jurisdictions upon a special admission basis. Our clients are regional and national small, medium and large companies and individuals who seek well planned and aggressive, but cost effective litigation. We counsel, we budget, we have a deep bench, we act quickly when needed and we have experienced trial lawyers who know the courts and bench. We serve regularly as local counsel for some of the largest law firms in the country when they have matters in this region.

Henry Sneath Pittsburgh Business Litigation Lawyer. Pittsburgh Strong.® DTSALaw® Complex Case Mediation and ADR

Henry M. Sneath - Practice Chair

Co-Chair of Houston Harbaugh’s Litigation Practice, and Chair of its Intellectual Property Practice, Henry Sneath is a trial attorney, mediator, arbitrator and Federal Court Approved Mediation Neutral and Special Master with extensive federal and state court trial experience in cases involving commercial disputes, breach of contract litigation, intellectual property matters, patent, trademark and copyright infringement, trade secret misappropriation, DTSA claims, cyber security and data breach prevention, mitigation and litigation, probate trusts and estates litigation, construction claims, eminent domain, professional negligence lawsuits, pharmaceutical, products liability and catastrophic injury litigation, insurance coverage, and insurance bad faith claims.

Sam Simon Houston harbaugh lawyer

Samuel H. Simon - Practice Chair

As co-chair of Houston Harbaugh’s Litigation Group, Sam focuses his practice on commercial/business litigation. Sam regularly represents clients in the construction, manufacturing, oil and gas, and wholesale/retail/ distribution industries, as well as individuals in matters such as:

  • Construction litigation
  • Environmental litigation
  • Breach of contract disputes
  • Oil and gas litigation
  • Negligence
  • Restrictive covenants (non-compete agreements)
  • Civil rights
  • Collections/creditors’ rights
  • Lease disputes