Pennsylvania Mechanics Lien Release Form

Name: Pennsylvania Mechanics Lien Release Form
Brand: US Legal Forms
Rating: 4.72 (290 reviews)

Category:

Liens - Construction - Mechanics

State:

Pennsylvania

Control #:

PA-03-09

Format:

Instant download

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Description

To perfect a lien in Pennsylvania, a contractor or subcontractor must file a lien claim with the prothonotary of the county in which the property is situated, within four (4) months after the completion of work. A notice of this filing must be served upon the property owner within (1) month of filing and an affidavit of said service must be filed within twenty (20) days of service.

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FAQ

Lien ClaimAll claimants must file a Lien Claim in the prothonotary's (court clerk's) office within six months of last work and serve notice of the lien claim on owner within one month after that. An affidavit of service then must be filed with the court within 20 days after service of the written notice on the owner.

Once filed, a Pennsylvania mechanics lien will be valid for a period of two years, unless the property owner provides an extension in writing.

Steps to file a mechanics lien in PennsylvaniaFill out the Pennsylvania mechanics lien form. Fill out the PA lien form completely and accurately.File your lien claim with the county recorder.Serve a copy of the lien on the property owner.

The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.

Must a Pennsylvania lien waiver be notarized? No. Pennsylvania statute does not require that a lien waiver be notarized. Regarding residential property, a lien waiver in Pennsylvania may be made by a signed, written instrument or by conduct which operates to prevent such contractor from filing a claim.

More info

A Lien Release is a form that removes a lien on a property once the property owner pays the lienor in full. In three simple steps, complete your mechanics lien on your own time in only 10 quick minutes.Generally a surety bond is an excellent mechanism for immediate discharge of a lien from a parcel of real property. Rocket Layer lets you draft a Mechanic's Lien document online for free. The signed form is effective to release: • the owner;. A release of lien form removes the lien claim from the property in question, whether it's real estate, a vehicle, or something else. (CA Civil Code §§ 8120-8130, 8400 et seq.) Declaration of Exemption From Gov't Code § 27388. The purpose of the form is to ensure that the professional is paid for services that they provided and for which they were not paid. (b) Nonresidential Buildings.

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Lien Claim - Individual

Note: This summary is not intended to be an all inclusive discussion of Pennsylvania's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Pennsylvania law permits contractors and subcontractors to claim a lien for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim shall exceed five hundred dollars ($500).

How long does a party have to file a lien?

Parties seeking to claim a lien must do so with the filing of a Lien Claim form within four (4) months of the claimant's last work. Thereafter, a lien claimant has two (2) years to bring an action to enforce the lien.

What kind of notice is required prior to filing a lien?

Subcontractors involved in the alteration or repair of property must file a Preliminary Notice of Intent to File Lien prior to the completion of work. Thereafter all subcontractors, even those involved in alteration or repair, must file a Formal Notice of Intent to File Lien at least thirty (30) days before a Lien Claim is filed.

By what method is a lien filed in this State?

A Lien Claim form is filed with the prothonotary of the county where the property is situated, and must be filed within four (4) months of the completion of work. Written notice of the filing must be served on the property owner within one (1) month after filing and recorded within twenty (20) days of service.

How long is a lien good for?

An action to obtain judgment upon a claim filed shall be commenced within two (2) years from the date of the filing.

Are liens assignable?

Pennsylvania statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. Subcontractors are required in some cases to provide two notices to the property owner in the form of a Preliminary Notice of Intent to File Lien for alterations and repairs and a Formal Notice of Intent to File Lien. In addition, Pennsylvania law provides that a contractor or subcontractor can issue a written waiver of all lien claims to the property owner.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

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.

Does this State require a notice prior to starting work, or after work has been completed?

No. Pennsylvania statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Pennsylvania statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Pennsylvania statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

As stated above, Pennsylvania statutes have no specific provision for the release of a lien, other than the automatic dissolution that occurs if suit to enforce the lien is not brought within two (2) years. However, Pennsylvania law does permit a contractor or property owner to issue a written notice to a subcontractor demanding that the subcontractor file a lien claim within thirty (30) days of receipt of the notice or forever be barred from doing so.