How do I fight a contractor's lien?

Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.

Can a contractor work without a contract?

Yes, absolutely. Starting work without a signed contract means that your position isn't clear, or even worse it's weak.It also means that the contract is legally enforceable and will be able to support you if you decide to take legal action.

Can a contractor file a lien without a contract?

2. States where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract.These states typically permit parties with verbal, oral, or even implied contracts to claim lien rights.

Can a contractor sue for non payment without a contract?

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.See Nolo's article, "Breach of Contract Cases in Small Claims Court," for more on this. However, an alleged oral contract does create difficult evidentiary questions for the judge.

US Legal Forms
Pennsylvania Lien Claim - Individual

Pennsylvania Lien Claim - Individual

Name: Pennsylvania Lien Claim - Individual
Brand: US Legal Forms
Price: 59.00 USD

Category:

Liens - Construction - Mechanics

State:

Pennsylvania

Control #:

PA-03-09

Format:

Instant download

Upgrade to a Package! This form is part of a package. Get several related forms for the price of one! Go to Package

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.

Subcontractor's Identification Notice by Corporation

View this form

Quitclaim Deed from Individual to Trust

View this form

Transfer on Death Deed or TOD - Beneficiary Deed from Two Individuals to an Individual

View this form

Warranty Deed from two Individuals to Husband and Wife

View this form

Oral Argument CD Request

View this form

Owner Financing Contract for Home

View this form

Employee Separation Report

View this form

Addendum To Apartment Lease regarding Secu...

View this form

2.88 CONTINUING CRIMINAL ENTERPRISE / 21 U...

View this form

Sample Letter for Price Reduction

View this form

Real Estate Purchase Contract and Receipt ...

View this form

Notice To Creditors In Chapter 11 Case Sch...

View this form

How to appeal a civil case

View this form

Board Member Offer Letter

View this form

How to fill out Pennsylvania Lien Claim - Individual?

Creating papers isn't the most uncomplicated task, especially for people who rarely deal with legal paperwork. That's why we advise making use of correct Pennsylvania Lien Claim - Individual samples created by skilled lawyers. It gives you the ability to avoid difficulties when in court or handling formal institutions. Find the samples you need on our site for top-quality forms and accurate descriptions.

If you’re a user with a US Legal Forms subscription, just log in your account. When you are in, the Download button will automatically appear on the file webpage. Soon after downloading the sample, it’ll be stored in the My Forms menu.

Customers without a subscription can easily get an account. Make use of this brief step-by-step help guide to get your Pennsylvania Lien Claim - Individual:

Make certain that file you found is eligible for use in the state it’s necessary in.
Confirm the file. Use the Preview feature or read its description (if offered).
Click Buy Now if this sample is the thing you need or utilize the Search field to get another one.
Select a suitable subscription and create your account.
Use your PayPal or credit card to pay for the service.
Download your document in a required format.

Right after finishing these simple steps, it is possible to fill out the sample in an appropriate editor. Check the completed info and consider requesting an attorney to examine your Pennsylvania Lien Claim - Individual for correctness. With US Legal Forms, everything gets easier. Try it now!

Form popularity

FAQ

Maximize the Homestead Exemption. Protect the Home with Tenancy by the Entirety. Implement an Equity Stripping Plan. Create a Domestic Asset Protection Trust (DAPT) Put the Home Title in the Low-Risk Spouse's Name. Purchase Umbrella Insurance.

The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.

Negotiate with the contractor who placed the lien (the "lienor" to remove it. Obtain a lien bond to discharge the lien, or. File a lawsuit to vacate the lien.

Fill 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.

A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.After all, contractors would rather work out a deal than go through the hassle of filing a lien against your property.

Yes, absolutely. Starting work without a signed contract means that your position isn't clear, or even worse it's weak.It also means that the contract is legally enforceable and will be able to support you if you decide to take legal action.

2. States where the lien law doesn't require a written contract. In these states, contractors and suppliers are generally allowed to file a lien even if they don't have a written contract.These states typically permit parties with verbal, oral, or even implied contracts to claim lien rights.

First of all, you can sue your contractor for breach of contract, even without a written contract, and she can sue you as well.See Nolo's article, "Breach of Contract Cases in Small Claims Court," for more on this. However, an alleged oral contract does create difficult evidentiary questions for the judge.

Search the county recorder, clerk, or assessor's office website. All you need is the name of the owner and/or address to access the property records. Visit the recorder, assessor's, or county clerk's office in person. Contact a title company.

Trusted and secure by over 3 million people of the world’s leading companies

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.