Guistra Development Co., Inc. v. Lee

KELLY, Judge:

In this opinion, we are asked to determine whether the imposition of a mechanics’ lien against commercial property owned as tenants by the entireties may be defeated on preliminary objection where the mechanics’ lien arises from a construction contract which one spouse did not sign but allegedly knew of its existence and received its benefits. Under the circumstances of this case, we hold that preliminary objections may not be sustained where a married couple seeks to evade the imposition of a mechanics’ lien on property held as tenants by the entireties when one spouse fails to…