How does a mechanics lien work in Pennsylvania?

The Pennsylvania mechanics lien law is legislation that was enacted to protect workers, subcontractors, suppliers and contractors from not getting paid for services provided on construction projects. When a lien is filed on a public project, instead of being filed on the real estate, the lien freezes the funds.

How do I fight a mechanic’s lien in PA?

Deliver your completed lien form to the prothonotary (county clerk) in the Pennsylvania county where the property is located, and pay the filing fee. After filing, you will need to deliver a copy of the mechanics lien to the property owner, and file an Affidavit of Service with the county clerk.

How long does a mechanics lien last in Pennsylvania?

two years
Once filed, a Pennsylvania mechanics lien will be valid for a period of two years, unless the property owner provides an extension in writing. An enforcement lawsuit must be initiated within that time frame, or the claim expires and is no longer enforceable.

Do lien waivers need to be notarized in Pennsylvania?

Pennsylvania statute does not require that a lien waiver be notarized. Otherwise, a lien waiver must be given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received.

Which of the following liens does not need to be recorded?

mechanic’s lien. Which of the following liens does not need to be recorded to be valid? A statutory lien is created by statute. A real estate tax lien, then, is an involuntary, statutory lien.

Can a general contractor file a mechanics lien in Pennsylvania?

Unlike some of the other states, eligibility for who can file a mechanics lien in Pennsylvania is a bit more rigid. Only project participants directly in contact with the property owner, general contractor or subcontractor with direct contractual relation to the general contractor have mechanics lien rights.

Can a Mechanic’s Lien be filed on a house?

Any real estate purchaser must be aware that mechanic’s liens, for labor and materials supplied to the prior owner, might be filed after they purchase the property. A Lien Claim for alterations or repairs is not as strong as a claim for new construction.

Can a bankruptcy delay enforcement of a Mechanic’s Lien?

The bankruptcy of an owner or upstream contractor should delay enforcement of a mechanic’s lien (by filing a lawsuit), however. It is not permissible to enforce a mechanic’s lien without permission of the Bankruptcy Court, but the claimant is provided additional time later to enforce the mechanic’s lien.

Can a property owner be served with a lien?

Yes, the property owner must be served with a notice of a lien claim filed within one month after filing the claim with the prothonotary. The notice must be delivered by personal service through the sheriff of the county where the claim was filed. If service is unsuccessful, then the notice may be posted on the project in a conspicuous place.

What is the mechanics lien law in Pennsylvania?

What is a Pennsylvania mechanics’ lien ? The Pennsylvania mechanics lien law is legislation that was enacted to protect workers, subcontractors, suppliers and contractors from not getting paid for services provided on construction projects.

How does a construction lien work in PA?

Pennsylvania law provides for a notice from the property owner to the contractor advising the contractor that a subcontractor has provided the owner with notice that a lien may be filed. The notice also demands that the contractor pay the claim or undertake to defend it.

Can a mechanics lien be filed against a commercial property?

You can easily check this for yourself; but if you conclude that you’ll need to go to court, you may wish to have an attorney review your work. In most states, the law applicable to mechanics’ liens on residential property afford more protection against involuntary sale than liens filed against commercial property.

Can a foreclosure cause a Mechanic’s Lien?

A lender could foreclose on a piece of real estate only to see a mechanic’s lien filed after they have taken title. The mechanic’s lien claimant must be certain to name the new property owner in the mechanic’s lien, but lien rights otherwise still exist.