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.
Pennsylvania Lien Claim - Individual
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Pennsylvania
Control #:
PA-03-09
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Word;
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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.