Dyer v. Wallace

Citations

• 264 Pa. 169
• 107 A. 754
• 1919 Pa. LEXIS 614

Syllabus

<p>Mechanics’ liens — Architect—Plans—Supervision of construction —Requisites of lien — Bill of particulars — Unliquidated damages— Breach of contract — Discharge of architect — Act of June 4, 1901, P. L. 481 — Constitution, Article III, Section 7.</p> <p>1. A mechanic’s lien is a pure creature of the statute, and compliance with statutory requirements is necessary to its validity.’ It must state facts, and not depend on inferences. A bill of particulars filed with the claim becomes a part of it.</p> <p>2. A rule to strike off a mechanic’s lien must be determined by the record.</p> <p>3. A lien must set forth the amount or sum claimed to be due, and be so stated as to form a basis for a liquidation of judgment. It must contain at least one valid item.</p> <p>4. The services of an architect in preparing plans cannot be made the subject of 'a mechanic’s lien, except in connection with other services rendered in the construction of the building.</p> <p>5. A construction of the Act of June 4, 1901, P. L. 431, that would extend its benefits to an architect merely for preparing plans, would render it invalid as a special law, or as changing the method for the collection of debts in contravention of Section 7 of Article • 111, of the Constitution of 18Y4.</p> <p>6. A mechanic’s lien can be sustained only for work done or materials furnished, and not for unliquidated damages for breach of contract. It cannot be made to embrace anything, whether labor or material, not actually furnished.</p> <p>7. A mechanic’s lien will be stricken off, where it shows on its face that it was filed by an architect for services in supervising the construction of a manufacturing plant for an amount equal to ten per cent of the total cost of the building, and that before the work was completed the owner refused to permit the claimant to continue the supervision of the unfinished portion of the work but fails to show the total cost of the work, or the cost of any part of it, or the cost of the wo