Pennsylvania Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided

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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.


Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

In Pennsylvania, a Pre-open Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided is a legal document that serves as a formal notice to the property owner about a potential mechanic's lien claim. This notice is typically sent by subcontractors, suppliers, or other parties involved in providing services or materials for a construction project. By filing this notice, the party intends to protect their right to claim a mechanic's lien if they are not paid for their services or materials. Keywords: Pennsylvania, Pre-open Notice, Owner, Intention, Claim, Mechanic's Lien, Services Provided, Construction Project, Subcontractors, Suppliers, Materials, Payment. It's important to note that there are different types of Pre-open Notice in Pennsylvania, depending on the party sending the notice. Here are a few common variations: 1. Subcontractor Pre-open Notice to Owner of Intention to Claim Mechanic's Lien: This notice is typically sent by subcontractors who have provided labor or materials for a construction project. It informs the property owner of the subcontractor's intention to claim a mechanic's lien if they are not paid for their services. 2. Supplier Pre-open Notice to Owner of Intention to Claim Mechanic's Lien: This notice is sent by suppliers who have provided materials or equipment for a construction project. It notifies the property owner that the supplier intends to claim a mechanic's lien if they are not compensated for the materials supplied. 3. Specialty Contractor Pre-open Notice to Owner of Intention to Claim Mechanic's Lien: This notice is specific to specialty contractors who provide specialized services, such as electrical work, plumbing, or HVAC installations. It informs the property owner of the specialty contractor's intention to assert a mechanic's lien if payment is not received for their services. Sending a Pre-open Notice to the owner is an essential step in the mechanic's lien process in Pennsylvania. It signals the claimant's intention to protect their right to file a lien and may prompt the property owner to address any payment issues promptly. This legal document serves as a crucial tool for subcontractors, suppliers, and specialty contractors to secure their payment rights and ensure fair treatment in the construction industry.

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FAQ

A Pennsylvania mechanics' lien places a hold on the title to property. A mechanics' lien appears on any title search of the property. If an owner wants to sell the property at some point in the future, a title search will immediately alert a buyer to the lien claim.

Lien waivers by a general contractor are made by filing a ?Stipulation Against Liens? (Stipulation), often referred to as a ?Stip,? with the prothonotary's office in the county where the project is located. The Stipulation must be in proper form and must be filed and properly indexed to be valid.

(a) Residential Property. A contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim.

Unpaid contractors and suppliers can file a PA mechanics lien by following these steps: 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 to the property owner.

A Pennsylvania Notice of Intent is a critical step to secure your PA mechanics lien rights on private construction projects. This Pennsylvania lien notice form is required to be sent by all potential claimants who didn't contract directly with the property owner at least 30 days before filing a mechanics lien claim.

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

More info

The Formal Notice must include: The name of the claimant, The name of the person with whom the claimant contracted, The amount claimed, The general nature and character of labor or materials furnished, The date of completion of claimant's work, and. A description of the property. A Pennsylvania Notice of Intent to Lien must be served on the property owner at least 30 days before a valid lien claim can be filed. The deadline to file a PA ...Mar 10, 2023 — A Notice of Lien Claim must be served on the property owner within 1 month of filing the claim. This can be either personal service or posted ... Apr 8, 2009 — However, subcontractors must serve a formal notice of their intention to file a mechanics' lien claim on the owner of the property at least 30 ... Dec 16, 2020 — A Notice of Intent to Lien is simply a notice that serves as an ultimatum to the property owner. If your claim remains unpaid, you must escalate ... Owner's Right to Retain Funds of. Contractor.--An owner who has been served with a notice of intention to file or a notice of the filing of a claim by a. A subcontractor must, at least thirty (30) days before a claim is filed, give to the owner formal written notice of an intent to file the claim. CONTENTS OF ... Jun 1, 2010 — The formal notice of intention must be filed at least thirty (30) days before an actual Pennsylvania construction lien claim is filed by the ... Apr 10, 2020 — That notice must provide the property owner of the intention to file a Mechanic's Lien Claim and must include the following information:. A Pennsylvania Mechanics Lien Form is a legal document used to secure payment for services and materials provided to a property owner or contractor.

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Pennsylvania Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided