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If contractors and suppliers don't get paid on a construction project in Pennsylvania, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.
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.
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.
About Pennsylvania Final Unconditional Lien Waiver Form This pa final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made and received by the party that furnished labor or materials.
(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.
While Pennsylvania law does not require that anything related to the lien be filed prior to the commencement of construction, the application for the lien must be filed within six months of the completion of the contracted-for work.
The Notice of Intent to Lien is considered served in Pennsylvania when it is actually received by the property owner. Which means that if there is a payment problem on the project, a claimant should be prepared to send this notice well before 5 months after last furnishing.
A lien waiver must be given in consideration for payment for work provided. Both conditional and unconditional lien waivers are allowed, as long as the waiver is in exchange for payment. Pennsylvania has no requirement that a lien waiver must be notarized.