Terra Firma Builders, LLC v. King

In Terra Firma Builders, LLC v. King, the Pennsylvania Supreme Court considered the effect of a claimant’s failure to file the required affidavit of service for a mechanics’ lien. Terra Firma Builders filed a mechanics’ lien, but failed to file the affidavit of service, after they were kicked off a construction job. Five years later, the defendants filed a petition to strike the lien because of that failure. Terra Firma objected, asserting that the defendant’s never filed preliminary objections. The Supreme Court ruled that “a challenge to an invalid lien may not be waived due to failure to object preliminarily” and affirmed the trial court’s order striking the lien.

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