Filing a mechanics lien in Pennsylvania is a straightforward but involved legal process. It permits contractors, subcontractors, and suppliers to receive payments due for work or materials supplied in connection with construction projects.
If you are not paid for work you performed on a construction project, a lien for mechanics may help ensure you receive the compensation to which you are entitled. Read here: A simple guide to get or fight a Pennsylvania mechanics Lien – From a top construction lawyer.
Step 1: Determine Eligibility
Verify that you qualify to file a mechanics lien before you proceed. Labor or materials must have been provided by you for the betterment of actual property. Only people who are contractors, subcontractors, laborers, or suppliers can be eligible.
If their work pertains to the tangible enhancement of the property in question, architects and engineers may file as well. There may be additional restrictions on work done in residential properties that have fewer than six units.
Step 2: Ensure Compliance with Notice Requirements
The law in Pennsylvania necessitates that subcontractors send a Preliminary Notice to the property owner when they do not hold a contract directly with the owner. This notice, termed as a Preliminary Notice of Intent to Lien, must be delivered within 20 days from the day the subcontractor first began supplying labor or materials.
Step 3: Prepare the Mechanics Lien Claim
To correctly file a mechanics lien, you must prepare a document called Lien Claim. Read here: A simple guide to get or fight a Pennsylvania mechanics Lien – From a top construction lawyer. This document must contain the following:
- The name of the individual or entity that owns the property
- The address and name of the claimant (you)
- Description work done or materials provided
- The total sum that you owe
- A legal address for the property
- The initial and terminal dates when labor or materials were supplied
- Under Pennsylvania mechanics lien law, a statement that the lien is being filed
Step 4: File the Lien with the County Court
When the lien claim is complete, file it with the county where the property in question is located. This has to be done within half a year following the final date of employment or the delivery of supplies.
Step 5: Serve a Copy to the Property Owner
Once the lien is filed, a copy must be served to the property owner within 30 days. This can be done by:
- Service that is rendered to an individual person rather than to a group
- Mail that is sent by a private carrier, which must be signed for upon delivery
- Another method approved by the court
Step 6: Enforcing the Lien (When Necessary)
You may need to file a lawsuit to enforce the lien if the property owner does not pay what they owe. This must be completed within a two-year timeframe from the date of the filing.
Read here: A Simple Guide to Get or Fight a Pennsylvania Mechanics Lien – From a Top Construction Lawyer
In Pennsylvania, a mechanic’s lien offers a form of protection for contractors and suppliers from not getting paid. However, it is essential to follow all set steps to make a successful filing, including being punctual with all deadlines, giving the proper notice, and having all necessary paperwork in order.
Having an experienced lawyer on your side will make the process clearer and much easier to navigate.
