A Pennsylvania Assignment of Lien by General Contractor refers to a legal document that transfers the right to claim a lien from a general contractor to another party. This assignment typically occurs when the contractor wishes to delegate their lien rights or transfer their interest in a project to another entity, often a subcontractor or supplier. This process allows the general contractor to pass on the responsibility of pursuing a lien to a third party, while retaining their focus on completing the project itself. The assignment is based on Pennsylvania lien laws, which provide protection to contractors and suppliers who are owed payment for their work or materials on a construction project. There are two main types of Pennsylvania Assignment of Lien by General Contractor: 1. Direct Assignment of Lien: This type of assignment occurs when the general contractor directly transfers their lien rights and interest to another party. By doing so, the general contractor relinquishes any future claims or efforts associated with the lien, including legal actions or negotiations for payment. 2. Indirect Assignment of Lien: In this scenario, the general contractor assigns their lien rights to a third party, but retains the responsibility to pursue the lien claim if necessary. The assigned party acts as a trustee for the general contractor, holding the lien for their benefit and enforcing it only if instructed by the contractor. Keywords: Pennsylvania Assignment of Lien, General Contractor, contractor rights, lien transfer, subcontractor, supplier, lien laws, construction project, direct assignment, indirect assignment, lien claim, payment.
Pennsylvania Assignment of Lien by General Contractor
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FAQ
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.
In order to perfect your lien claim, it must be filed in the prothonotary's office of the county court where the property is physically located. A ?prothonotary? is just an old-school term for the chief clerk of the court. If the property is located in more than one county, then the claim should be filed in both.
Lien Claim?All 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.
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.
TIMING OF THE MECHANICS' LIEN A mechanics' lien must be filed within six (6) months after completion of the work.
(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.
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.