(no subject)

I would recommend that he appeal the DJ Award. No use leaving it stand in an incorrect amount. The potential for some negative effect is enough to justify the appeal.
Chip

                       "Justice, Integrity, Accomplishment"
                  
                        Chip Mackrides
                        Attorney MACKRIDES ASSOCIATES
                        755 N. Monroe Street
                        Media, PA 19063
                        lawyers_at_verizon.net tel:
                              fax:
                              mobile: 610-565-6688
                              610-891-1645
                              484-410-9119
                       
                 
            
     
            Add me to your address book... Want a signature like this?
     

----- Original Message -----
From: Steven J. Proctor
To: Pa Bar Assoc Real Property List
Sent: Tuesday, August 08, 2006 12:27 PM
Subject: [realproperty] Mechanics Lien v. Civil Action

I am hoping someone can save us some research on an issue I have never encountered before, for some reason.

Contractor gets stiffed by owner, and files a mechanics lien claim in common pleas court vs. the property in question, thus effectively clouding the title. Since all the rule books say the mechanics lien claim system is not an exclusive remedy, and since the amount claimed is less than the $8000 jurisdictional limit for district justices, contractor files a civil action with the local DJ for the same amount, on the theory that's the quickest and cheapest way to obtain an immediately enforceable judgment. DJ case goes to a hearing, and (as is their wont) the DJ splits the baby and awards contractor 1/2 the amount claimed, giving no particular reason.

Now the question is, if that award is not appealed and becomes final (or even if it is appealed and an arbitration award is entered under that docket number which doesn't match the amount of the mechanics lien filed under a different docket number), how are the differing numbers reconciled? Is the DJ (or arbitration) award in the one case res judicata as to the mechanics lien action, or does contractor have the right to another bite of the apple if he doesn't like the outcome of the civil action by filing an action to reduce the mechanics lien claim to judgment?

Any wisdom on the subject would be much appreciated, since the commentataries I've seen seem to stop at saying such claims can be pursued on the two different tracks, without opining on the possibility of getting differing results.

Steve

Steven J. Proctor, Esq.
Binder, Kalis & Proctor, P.C.
1035 E. High St.
Pottstown PA 19464
610-323-6200
Fax 610-970-2082

--------------------------------------------------------------------------------
I am using the free version of SPAMfighter for private users.
It has removed 5639 spam emails to date.
Paying users do not have this message in their emails.
Try SPAMfighter for free now!