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Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual

Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual

Category:

Liens - Construction - Mechanics

State:

Pennsylvania

City:

Pittsburgh

Control #:

PA-04-09

Format:

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Description

Pennsylvania law states that "At any time after the completion of the work by a subcontractor, any owner or contractor may file a rule or rules, as of course, in the court in which said claim may be filed; requiring the party named therein to file his claim within thirty (30) days after notice of said rule or be forever barred from so doing. The rule shall be entered by the prothonotary upon the judgment index and in the mechanic's lien docket. Failure to file a claim within the time specified shall operate to wholly defeat the right to do so. If a claim be filed, it shall be entered as of the court, term and number of the rule to file the same." This form serves to demand that the subcontractor proceed with his lien claim within thirty (30) days of receipt of the notice or be barred from filing the claim in the future.

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FAQ

The subpoena rule in Pennsylvania outlines the procedures for requesting the attendance of witnesses or the production of evidence in court. It is a critical component in legal proceedings, ensuring that all relevant testimony and documents can be brought before the court. If you are involved in a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, understanding how subpoenas function may greatly impact your case preparation and strategy.

Rule 2179 in Pennsylvania sets forth guidelines for the amendments and management of pleadings. It allows for flexibility in court procedures, enabling parties to adapt their legal positions as cases evolve. When engaging in a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, having insight into this rule equips you to navigate legal changes with confidence.

Rule 2179 deals with the requirements surrounding the service of pleadings and papers in civil cases. This rule emphasizes the importance of proper notification and the opportunity for parties to respond, which is crucial in any litigation scenario. If you are considering a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, familiarity with this rule helps ensure your filings are served correctly.

Rule 4003.8 in Pennsylvania concerns the discoverability of a party's expert testimony in a trial. This rule requires parties to disclose expert witnesses and their qualifications, which can significantly affect the outcomes of legal proceedings. For cases involving a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, being aware of this rule can help in preparing a solid legal strategy.

Venue laws in Pennsylvania govern where a legal action can be filed, which is essential for ensuring that a case is heard in the appropriate court. These laws dictate that claims should be filed in counties where the events occurred or where the defendant resides. For individuals interested in a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, understanding the venue is vital to effectively pursuing your legal rights.

Rule 1029 in Pennsylvania outlines the procedures for the dismissal of actions, particularly when an individual fails to comply with certain responsive pleadings. Understanding this rule is crucial for those involved in a legal process, especially in the context of a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual. This rule helps streamline litigation by encouraging timely responses from parties involved.

Rule of Civil Procedure 1020 in Pennsylvania relates to the requirements for including certain claims in civil litigation. It dictates how parties should plead their claims, ensuring that the opponent receives adequate notice. As you navigate the complexities of a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, understanding Rule 1020 helps reinforce the clarity and precision of your filings, ultimately strengthening your case.

Federal Rule 301 pertains to the handling of evidence and the procedural standards at the federal level. This rule ensures that certain principles regarding burden of proof and legal claims are upheld across federal courts. For cases involving the Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, being informed about Federal Rule 301 can help contextualize how federal standards may interact with state procedures.

The Rule of Appellate Procedure 301 in Pennsylvania outlines the requirements for filing appeals in civil cases. This rule specifies how individuals should initiate appeals to higher courts following unfavorable outcomes in lower court cases. If you're involved in a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual and are considering an appeal, understanding this rule is crucial to protecting your rights.

Rule 301 in Pennsylvania typically refers to the standards governing the filing and processing of legal claims. It provides a framework for how cases should be managed in court, particularly concerning timelines and required documents. When pursuing a Pittsburgh Pennsylvania Demand for Filing of Claim by Entry of Rule - Individual, familiarity with Rule 301 can help manage expectations and promote a smoother legal journey.

Interesting Questions

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Demand for Filing of Claim by Entry of Rule - Individual

Note: This summary is not intended to be an all inclusive discussion of Pennsylvania's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

Pennsylvania law permits contractors and subcontractors to claim a lien for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim shall exceed five hundred dollars ($500).

How long does a party have to file a lien?

Parties seeking to claim a lien must do so with the filing of a Lien Claim form within four (4) months of the claimant's last work. Thereafter, a lien claimant has two (2) years to bring an action to enforce the lien.

What kind of notice is required prior to filing a lien?

Subcontractors involved in the alteration or repair of property must file a Preliminary Notice of Intent to File Lien prior to the completion of work. Thereafter all subcontractors, even those involved in alteration or repair, must file a Formal Notice of Intent to File Lien at least thirty (30) days before a Lien Claim is filed.

By what method is a lien filed in this State?

A Lien Claim form is filed with the prothonotary of the county where the property is situated, and must be filed within four (4) months of the completion of work. Written notice of the filing must be served on the property owner within one (1) month after filing and recorded within twenty (20) days of service.

How long is a lien good for?

An action to obtain judgment upon a claim filed shall be commenced within two (2) years from the date of the filing.

Are liens assignable?

Pennsylvania statutes on construction liens do not specifically speak to whether liens may be assigned to other parties.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. Subcontractors are required in some cases to provide two notices to the property owner in the form of a Preliminary Notice of Intent to File Lien for alterations and repairs and a Formal Notice of Intent to File Lien. In addition, Pennsylvania law provides that a contractor or subcontractor can issue a written waiver of all lien claims to the property owner.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Pennsylvania law provides for a notice from the property owner to the contractor advising the contractor that a subcontractor has provided the owner with notice that a lien may be filed. The notice also demands that the contractor pay the claim or undertake to defend it.

Does this State require a notice prior to starting work, or after work has been completed?

No. Pennsylvania statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. Pennsylvania statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. Pennsylvania statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

As stated above, Pennsylvania statutes have no specific provision for the release of a lien, other than the automatic dissolution that occurs if suit to enforce the lien is not brought within two (2) years. However, Pennsylvania law does permit a contractor or property owner to issue a written notice to a subcontractor demanding that the subcontractor file a lien claim within thirty (30) days of receipt of the notice or forever be barred from doing so.