Keystone Concrete Co. v. Phoenix Plaza, Inc.

MARRONE, J.,

This action is before the court on the claim of Keystone Concrete Company for a mechanic’s hen against owner, Phoenix Plaza, Inc. Phoenix Plaza has preliminarily objected to the hen claiming immunity based upon a waiver of hen clause in the contract between Keystone and Phoenix Plaza. We are of the opinion that those preliminary objections must be sustained.

As we noted in our opinion filed in the matter of John B. Kelly, Inc., of Pennsylvania v. Phoenix Plaza, Inc., 25 Chester 104 (1976), a preliminary objection is the proper procedural tool for raising a claim of waiver of hens…