Mechanics liens, a powerful legal tool available to contractors, subcontractors, and suppliers in the construction industry, provide a means to secure payment for services rendered or materials provided.

This article offers a step-by-step guide to understanding and effectively filing a mechanics lien in Pennsylvania.

Understanding Mechanics Liens

Mechanics liens, often known as construction liens, grant an individual or company a security interest in the title of a property where they have conducted work or supplied materials but haven’t been paid.

In Pennsylvania, these liens fall under the purview of the Pennsylvania Mechanics Lien Laws of 1963.

Key Terms and Definitions

Before diving into the process of filing a mechanics lien, it’s crucial to understand some key terms:

• Owner: The individual or entity that owns the property on which work was conducted.
• Contractor: The individual or company that enters into an express or implied contract with the owner to carry out work on the property.
• Subcontractor: The individual or company that enters into a contract with a contractor, or another subcontractor, to perform work on the property. However, a subcontractor may not include an architect or engineer.
• Substantial Completion of Work: The date when the last substantial piece of work or materials was delivered to the property. Work can be substantially complete even if there are minor items left to do.

If you need assistance getting or fighting a mechanics lien in Pennsylvania, Davis Bucco has 35+ years of experience with mechanics liens in Pennsylvania.

Eligibility for Filing a Mechanics Lien in Pennsylvania

In Pennsylvania, both contractors and subcontractors can file a mechanics lien. However, subcontractors may not be eligible for a lien in certain situations, particularly concerning residential properties.

If the owner or tenant has fully paid the contractor, or if the property is used as the residence of the owner or tenant, a subcontractor may not have the right to a lien.

Steps to File a Mechanics Lien in Pennsylvania

Filing a mechanics lien in Pennsylvania involves several critical steps, from preparing the lien form to serving notice of the lien claim.

It’s essential to follow these steps meticulously to ensure the validity of the lien.

Preparing the Pennsylvania Mechanics Lien Form

The first step involves downloading the correct Pennsylvania mechanics lien form and filling it out with accurate information. The form must contain specific details, including:

• Lien claimant information
• Property owner details
• Date of completion of work
• Hiring party details
• Dates required notices were sent
• Identification of the contract and a general statement of labor & materials furnished
• Services under a contract for an agreed-upon sum
• Amount of the claim
• Description of the property

Recording Your Pennsylvania Lien

Once the lien form is correctly filled out, it must be filed with the county recorder or prothonotary in the county where the property is located.

In Pennsylvania, the deadline to record a lien is strictly within 6 months of the date of the last work or materials supplied.

Serving Notice of the Lien Claim

After filing, the claimant must deliver a copy of the mechanics lien to the property owner and file an Affidavit of Service with the county clerk. This step should be completed within one month of filing the claim.

Protect Your Pennsylvania Lien Rights

Understanding Pennsylvania’s notice requirements is essential to protect your lien rights.

While contractors who have a direct contract with the property owner aren’t required to provide a Pennsylvania Notice of Furnishing to file a lien, this preliminary notice may be required for anyone else not under direct contract with the property owner.

Mechanic’s Lien Defenses and Discharge

There are several defenses that a property owner may raise against a mechanics lien.

These include procedural defenses such as a failure to comply with notice requirements, content of formal notice, content of lien claim, or failure to properly serve the notice or the lien.

A lien can be discharged if the owner or a party of interest deposits an amount equal to the lien claim with the court, provides approved security for double the amount of the claim, or obtains a special order of court.

Enforcing Your Mechanics Lien

If the payment issue remains unresolved, the lien claimant may need to enforce the lien by obtaining a judgement on the claim.

In Pennsylvania, a complaint to enforce a lien claim must be made within 2 years of filing the claim.

Conclusion

Filing a mechanics lien in Pennsylvania can be a complex process, requiring meticulous attention to detail and strict adherence to deadlines.

While this guide provides a solid foundation for understanding and filing a mechanics lien, it’s always advisable to consult with an experienced attorney to ensure the validity of your lien claim and protect your rights to payment.

Remember, a mechanics lien is a potent tool that can secure your right to payment for services rendered or materials provided on a construction project. Utilize it wisely and effectively to safeguard your interests.