Approximately two years ago, I commented on the Superior Court opinion in Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA 2014 (Pa. Super. 2015), which expanded the reach of Pennsylvania's negligent misrepresentation law from applying only to claims by contractors against design professionals to also encompassing claims by subcontractors against design professionals. Recently, the Superior Court has further expanded this cause of action beyond claims against only design professionals. In Fulton Bank, N.A. v. Sandquist, No. 2306 EDA 2016 (Pa. Super. 2017), the Superior Court has now recognized a cause of action for potential liability against accountants and their firms under a theory of negligent misrepresentation for providing professional information that is designed to be relied upon by a third party.
In just a little over a year, the new provisions of Act 142 of 2014, which substantially amend Pennsylvania's Mechanic's Lien Law, will go into effect. As if the filing and timing requirements of the Mechanic's Lien Law weren't already complicated enough, now four (4) more notices have been established which either must or may be filed within appropriate time frames to secure mechanic's liens.