Prior to 2007, the Pennsylvania Mechanic’s Lien Law of 1963, 49 P.S. §1101-§1902 (the “Mechanic’s Lien Law”) operated for over 40 years in its original form, without any significant or substantive modifications.  In 2007, however, amendments to the Mechanic’s Lien Law went into effect that significantly changed the statute.  For example, the 2007 amendments changed, inter alia, the enforceability of upfront waivers and the definition of a “subcontractor.”  In 2009, additional amendments to the Mechanic’s Lien Law went into effect which changed some of the 2007 amendments. 

Now, the Pennsylvania legislature is once again considering major revisions to the Mechanic’s Lien Law.  More specifically, on March 27, 2012, by a vote of 190-6, the Pennsylvania House of Representatives passed HB 1602.  HB 1602 provides a major overhaul to the Mechanic’s Lien Law by changing (1) residential mechanic’s lien requirements; (2) introducing a new notice requirement for owners and subcontractors; and (3) developing a new statewide notice directory.  HB 1602 will now move to the Senate for further consideration.

On January 6, 2012, the Pennsylvania Superior Court held in Bricklayers of W. Pa. Combined Funds v. Scott's Dev. Co., 2012 PA Super 4; 2012 Pa. Super. LEXIS 5 (2012) that a labor union is a “subcontractor” under the Mechanic’s Lien Law, and, therefore, trustees of a union benefit fund have standing to file a mechanic’s lien claim on behalf of its members.