Pennsylvania Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


The Pennsylvania Construction or Mechanics Lien Questionnaire is a legal document used in the state of Pennsylvania to gather information essential for filing a construction or mechanics lien. This questionnaire plays a crucial role in protecting the rights of contractors, subcontractors, suppliers, and other parties involved in construction projects. Keywords: Pennsylvania, Construction or Mechanics Lien Questionnaire, legal document, filing, construction projects, contractors, subcontractors, suppliers, protect rights. Different Types of Pennsylvania Construction or Mechanics Lien Questionnaires: 1. General Construction or Mechanics Lien Questionnaire: This type of questionnaire is used to collect vital information related to a construction or mechanics lien regardless of the specific project. It covers all the essential details necessary for filing a lien, such as the project description, property address, parties involved, contract terms, payment history, and identification of the claimant. 2. Residential Construction or Mechanics Lien Questionnaire: This particular questionnaire is designed specifically for residential construction projects within the state of Pennsylvania. It may include additional sections addressing topics such as homeowner consent, project cost breakdown, and details specific to residential properties. 3. Commercial Construction or Mechanics Lien Questionnaire: As the name suggests, this questionnaire is intended for commercial construction projects. It may have sections focusing on factors like construction loans, bonds issued, lien waivers, and other commercial-specific details. 4. Subcontractor Construction or Mechanics Lien Questionnaire: This variation of the questionnaire is primarily tailored for subcontractors who wish to assert their lien rights. It may include sections related to subcontractor agreements, insurance coverage, notices served, and any other information specific to subcontractors. 5. Supplier Construction or Mechanics Lien Questionnaire: This questionnaire caters to suppliers who have furnished materials or equipment for a construction project. It could contain sections addressing delivery dates, invoices, proof of delivery, notice requirements, and other relevant information an equipment or materials supplier would need to assert a valid lien. It is important to note that while these are common variations of the Pennsylvania Construction or Mechanics Lien Questionnaire, specific project requirements or circumstances may necessitate additional or modified sections to accurately reflect the necessary information for lien filing. Consulting with legal professionals experienced in Pennsylvania construction law is always recommended ensuring compliance and accuracy when completing the questionnaire.

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FAQ

The deadline to file a Pennsylvania mechanics lien claim is 6 months from the claimant's last date of furnishing labor and/or materials to the project. This is a hard deadline, and is strictly enforced.

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.

Yes, however, there are exceptions. A direct contractor is allowed to waive lien rights prior to furnishing work own residential projects when the residence is not more than 3 stories tall.

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.

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.

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 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.

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Mar 10, 2023 — File your lien claim with the county recorder. Deliver your completed lien form to the prothonotary (county clerk) in the Pennsylvania county ... May 24, 2023 — This page breaks down the rules, requirements, and deadlines you need to follow to file a Pennsylvania mechanics lien. Quicklinks. Pennsylvania ...Jun 1, 2010 — As for who is entitled to file a Pennsylvania mechanics lien, contractors ... Questions? Call Us. 1-888-543-6765. Monday - Friday 9:00 AM to 5:00 ... Then, fill in the property owner's name, address, and any known legal description of the property. 4. State the amount owed: Indicate the total amount owed for ... If you decide to file your Mechanics Lien, you first need to figure out whether you have the right to file the lien. A mechanic's lien cloud title is a security interest to properties for the benefit of those who have supplied labor materials for improvement. Apr 27, 2006 — The Mechanics' Lien Law requires that a contractor complete the work and then file a mechanics' lien claim within four (4) months of ... Jan 20, 2011 — Purchasing new construction in Pennsylvania is trickier with PA's Mechanic's Lien laws. Make sure your title insurance includes Mechanics ... Mar 15, 2017 — Formal Notice of the subcontractor's intention to file a lien claim must be served on the owner at least 30 days before filing the lien claim, ... Apr 27, 2006 — Pennsylvania's Mechanics' Lien Law of 1963 (49 P.S.§ 1502(a)(2)) “is a creature of statute in derogation of the common law and any questions ...

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Pennsylvania Construction or Mechanics Lien Questionnaire