Transactional

By: William J. Burke, III

The Pennsylvania Mechanics Lien Law of 1963 has been amended by Act 34 of 2009, effective October 10, 2009, to help protect buyers of new homes from the adverse effect of potential mechanics liens, by broadening the scope of residential properties for which lien waivers by contractors will be effective.The legislation also protects title insurers and new home builders.

A lien waiver is a document filed by a general contractor before work begins that, if properly and timely filed, precludes the contractor as well as subcontractors and material suppliers from filing liens against new construction to secure their rights to payment.

Under amendments to the law effective January 1, 2007, blanket lien waivers were declared invalid except for residential construction under contracts where the total contract price was less than $1 million.

The newest amendments expand the scope of residential properties for which lien waivers will be recognized, generally by dropping the contract price threshold and substituting a requirement that the residential buildings be no more than 3 stories, not including basements.

The new legislation should make it easier to obtain title insurance against mechanics liens on projects to which it applies, and will otherwise reduce the risks to purchasers of new construction in projects covered by lien waivers filed under the amended law.

For more information please contact our office.

By: Denise C. Werkley

Effective September 4, 2009 Pennsylvania enacted amendments to the Real Estate Licensing and Registration Act which permit real estate agents to be paid under a qualified association, which could be a corporation, limited liability company or other entity. Click here for more information on the amendments to the Act.

For more information please contact Denise Werkley.

By: Theodore F. Claypoole

In Zeidman v. Fisher, the Superior Court of Pennsylvania found that general negligence principles applied to a case involving an injury caused by an errant “duck hook” shot on a golf course. After teeing off on the 17th hole, Plaintiff, with the agreement of his longer driving playing partners (which included Defendant), drove in his golf cart on the cart path over the crest of the hill to the green to determine whether the group playing in front of them had cleared the green, so that Plaintiff’s playing partners might safely tee off. Plaintiff made his observation and began his return trip on the golf cart path along the left side of the 17th hole. As he was approaching the tee box, and was within the line of sight of Defendant, Defendant launched a “duck hook”, which struck Plaintiff in the face causing serious and permanent injuries.

The trial court granted summary judgment in favor of Defendant by applying the assumption of risk and “no-duty” rules. On appeal, the Superior Court reversed on the basis that Plaintiff had presented evidence raising the issues of whether Defendant owed him a duty of care, and, since Defendant understood the forward observer mission undertaken by Plaintiff, whether Defendant breached that duty of care causing injury and damages to Plaintiff.

By: Denise C. Werkley

This week the Ellen DeGeneres Show was sued for failing to obtain licenses for the music that is played during the show. Just like any other work of original art, music is copyrighted and there are laws protecting its use and distribution. Check out the full story here: http://news.yahoo.com/s/ap/20090910/ap_en_mu/us_tv_ellen_degeneres_lawsuit

For more information on copyright laws, contact our office.