Pennsylvania Construction or Mechanics Lien Questionnaire

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

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.


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How to fill out Construction Or Mechanics Lien 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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Pennsylvania Construction or Mechanics Lien Questionnaire