HOGG CONSTRUCTION, INC. Appellant
YORKTOWNE MEDICAL CENTRE, L.P., YTMC FIT-OUT, L.P., and E. SCOTT KING and SARA A. KING
Appeal from the Order Entered November 9, 2012, in the Court of Common Pleas of York County, Civil Division, at No(s): 2007-ML-000105-50
BEFORE: MUNDY, OLSON, and STRASSBURGER [*] , JJ.
Hogg Construction, Inc. (Hogg) appeals from two orders entered on November 9, 2012, which disposed of Hogg's claim filed against E. Scott King and Sara A. King (the Kings) pursuant to the Mechanics' Lien Law, 49 P.S. § 1101 et seq. The trial court granted the Kings' motion to strike the mechanics' lien claim. The trial court also granted the Kings' motion for summary judgment in favor of the Kings and against Hogg. Upon review, we reverse both orders and remand for proceedings consistent with this opinion.
The trial court summarized the underlying facts of this case as follows:
This matter arose out of a contract between [Hogg] and [YTMC Fit-Out] to "fit-out" a condominium unit connected to the building of [Yorktowne Medical Centre, L.P. (Yorktowne Medical)][.] The unit was subsequently purchased by the Kings and conveyed by special warranty deed dated June 26, 2006. The unit is currently the site of King and Associates Physical Therapy.
[Hogg] was to be paid approximately $254, 047 by YTMC Fit-Out for work on the unit. [Hogg] claims that $89, 533.25 remains unpaid for the fit-out. [Hogg] claims a lien in the amount of $89, 533.25 for labor and materials furnished pursuant to a written agreement between [it] and YTMC Fit-Out. [Hogg] issued five progress billings for the fit-out, the last of which was issued on June 26, 2006, the same date that ownership was transferred to the Kings. The last daily jobs report issued by [Hogg] for the condominium fit-out is dated June 6, 2006. [Hogg's] timesheets for work on the Kings' condominium indicate that the last time was charged for that job on September 17, 2006. A certificate of substantial completion was executed by [Hogg] and the condominium architect on September 18, 2006.
[Hogg] performed some additional work in the Kings' unit in November 2006. The work was limited to the installation of an electrical receptacle and replacement of a smoke detector. Both the receptacle and smoke detector were billed to the job number assigned to the core and shell of [Yorktowne Medical], not to the job number assigned to the Kings' condominium fit-out.
[Hogg] filed its Mechanics' Lien Claim and Notice of Filing of Mechanics' Lien Claim on April 30, 2007. The Mechanics' Lien Claim states that November 30, 2006 was the date of completion of work on the condominium fit-out. [Hogg] filed a Complaint Upon Mechanics' Lien on February 1, 2008, under the same file number as its Mechanics' Lien Claim. [The Kings] filed their Motions to Strike Mechanics' Lien and for Summary Judgment on August 10, 2012.
Trial Court Opinion, 1/29/2013, at 1-3.
On November 9, 2012, the trial court entered the following order:
1. [Hogg] failed to file its mechanics' lien claim within four (4) months of the date of completion of its work in November of 2006 as required by 49 P.S. § 1502(a). The amended version of 49 P.S. § 1502(a), which went into effect on January 1, 2007 and allows for six (6) months to file such a claim, does not state that it is retroactive.
2. [Hogg] failed to file a separate complaint on its mechanics' lien claim as required by Pa.R.C.P. 1653. Trial Court Order, 11/9/2012, at 1-2.
Accordingly, the trial court granted the Kings' motion to strike the mechanics' lien and motion for summary judgment. Hogg filed a timely notice of appeal, and both Hogg ...