Pennsylvania Mechanics Lien Waiver Form

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

To obtain a mechanic's lien in Pennsylvania, you must first provide notice to the property owner. After that, you can file your lien in the county where the property is located. Keep in mind that using the Pennsylvania mechanics lien waiver form can simplify the process. Ensuring you follow these steps correctly helps protect your rights as a contractor or supplier.

Lien waivers are not strictly required in Pennsylvania, but they are strongly recommended in various construction and contracting situations. Using the Pennsylvania mechanics lien waiver form helps to clarify payment terms and mitigate the risk of future claims. If you are a contractor or property owner, having a lien waiver can provide additional peace of mind during the project.

In Pennsylvania, a mechanics lien generally lasts for one year from the date of filing. If the lien is not enforced within that period, it may become void. To manage any potential lien issues effectively, consider using the Pennsylvania mechanics lien waiver form as a proactive measure to protect your interests before the one-year timeframe expires.

In North Carolina, lien waivers typically include conditional lien waivers and unconditional lien waivers. While the Pennsylvania mechanics lien waiver form may differ in certain aspects, these basic categorizations remain relevant across state lines. It is crucial to be aware of how different waivers can impact your rights and obligations, particularly if you are involved in a construction project.

An unconditional release is a document that states the lien claimant waives their right to claim a lien after receiving full payment. This means that once you submit the Pennsylvania mechanics lien waiver form as an unconditional release, you relinquish any future claims on the property for the specified payment. It provides security for the property owner and assures them that there will be no additional lien claims.

Conditional lien waivers provide a promise to release a lien only after receiving payment, while unconditional lien waivers release the lien regardless of whether payment has been made. When utilizing the Pennsylvania mechanics lien waiver form, it is essential to choose the type that best fits your situation. Conditional waivers offer more protection if payment is not guaranteed, but unconditional waivers can expedite the process if payment has been confirmed.

In Pennsylvania, lien waivers do not necessarily need to be notarized to be enforceable. However, having the Pennsylvania mechanics lien waiver form notarized can provide an additional layer of validity and assurance for the parties involved. Always ensure that the form is properly completed and submitted according to local requirements for maximum effectiveness.

The priority of a mechanics lien in Pennsylvania typically depends on the date the lien was filed. Generally, the first lien filed takes precedence over subsequent liens. It is crucial to keep in mind that utilizing a Pennsylvania mechanics lien waiver form can help property owners manage these priorities effectively and protect their interests.

In Pennsylvania, a mechanic's lien generally remains effective for a period of six months from the date it is filed. If no action is taken to enforce the lien within this time frame, it becomes ineffective. Property owners can utilize the Pennsylvania mechanics lien waiver form to ensure timely resolution and avoid prolonged issues regarding outstanding payments.

To fight a mechanic's lien in Pennsylvania, consider consulting with a legal professional who specializes in property law. Review the details of the lien closely, as inaccuracies can be grounds for dispute. Bringing these findings to court can help you invalidate the lien or negotiate a better outcome, especially when utilizing the Pennsylvania mechanics lien waiver form.

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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.