What is the Timeline for Filing A Mechanics Lien in Pennsylvania?
Full Question:
Answer:
Yes, an architect may file a mechanics lien in PA. Parties seeking to claim a lien must do so with the filing of a Lien Claim form within six (6) months of the claimant's last work. Thereafter, a lien claimant has two (2) years to bring an action to enforce the 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. A Lien Claim form is filed with the prothonotary of the county where the property is situated, and must be filed within six (6) 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. An action to obtain judgment upon a claim filed shall be commenced within two (2) years from the date of the filing.
Please see the following PA statutes to determine applicability:
49 P. S. § 1201. Definitions
...
"Contractor" means one who, by contract with the owner,
express or implied, erects, constructs, alters or repairs an
improvement or any part thereof or furnishes labor, skill or
superintendence thereto; or supplies or hauls materials,
fixtures, machinery or equipment reasonably necessary for
and actually used therein; or any or all of the foregoing,
whether as superintendent, builder or materialman. The term
also includes an architect or engineer who, by contract with
the owner, express or implied, in addition to the
preparation of drawings, specifications and contract
documents also superintends or supervises any such erection,
construction, alteration or repair.
...
"Subcontractor" means one who, by contract with the
contractor, or pursuant to a contract with a subcontractor
in direct privity of a contract with a contractor, express
or implied, erects, constructs, alters or repairs an
improvement or any part thereof; or furnishes labor, skill
or superintendence thereto; or supplies or hauls materials,
fixtures, machinery or equipment reasonably necessary for
and actually used therein; or any or all of the foregoing,
whether as superintendent, builder or materialman. The term
does not include an architect or engineer who contracts with
a contractor or subcontractor, or a person who contracts
with a materialman or a person who contracts with a
subcontractor not in direct privity of a contract with a
contractor.
...
49 P. S. § 1301. Right to lien; amount
Every improvement and the estate or title of the owner in the
property shall be subject to a lien, to be perfected as herein
provided, for the payment of all debts due by the owner to the
contractor or by the contractor to any of his subcontractors
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, other than amounts
determined by apportionment under section 306(b) of this act,
shall exceed five hundred dollars ($500).
49 P. S. § 1402. Waiver by contractor; effect on
subcontractor
(a) General rule. — Provided lien rights may be
waived as set forth under section 401,[fn1] a written
contract between the owner and a contractor, or a separate
written instrument signed by the contractor, which provides
that no claim shall be filed by anyone, shall be binding:
but the only admissible evidence thereof, as against a
subcontractor, shall be proof of actual notice thereof to
him before any labor or materials were furnished by him; or
proof that such contract or separate written instrument was
filed in the office of the prothonotary prior to the
commencement of the work upon the ground or within ten
(10) days after the execution of the principal contract or
not less than ten (10) days prior to the contract with the
claimant subcontractor, indexed in the name of the
contractor as defendant and the owner as plaintiff and also
in the name of the contractor as plaintiff and the owner as
defendant. The only admissible evidence that such a
provision has, notwithstanding its filing, been waived in
favor of any subcontractor, shall be a written agreement to
that effect signed by all those who, under the contract,
have an adverse interest to the subcontractor's allegation.
(b) Electronic Indexing. — Notwithstanding the
indexing requirements of subsection (a) in offices of the
prothonotary in which such a written contract between the
owner and contractor or separate written instrument is
indexed electronically by means of a computer system or
similar system such that the names of the contractor and
owner are electronically retrievable regardless of whether
the parties are designated as plaintiff or defendant, the
contract or separate written instrument filed with the
office of the prothonotary under subsection (a) may be
indexed in the name of the contractor as defendant and the
owner as plaintiff or in the name of the contractor as
plaintiff and the owner as defendant.
49 P. S. § 1501. Formal notice by subcontractor as
condition precedent
(a), (b) Deleted by 2006, June 29, P.L. 210,
No. 52, § 3, effective Jan. 1, 2007.
(b.1) Time Period of Formal Notice. No claim by a
subcontractor, whether for erection or construction or for
alterations or repairs, shall be valid unless, at least
thirty (30) days before the same is filed, he shall have
given to the owner a formal written notice of his intention
to file a claim, except that such notice shall not be
required where the claim is filed pursuant to a rule to do
so as provided by section 506.[fn1]
(c) Contents of Formal Notice. The formal notice
shall state:
(1) the name of the party claimant;
(2) the name of the person with whom he contracted;
(3) the amount claimed to be due;
(4) the general nature and character of the labor or
materials furnished;
(5) the date of completion of the work for which his claim
is made;
(6) a brief description sufficient to identify the property
claimed to be subject to the lien.
(d) Service of notice. The notice provided by
this section may be served by first class, registered or
certified mail on the owner or his agent or by an adult in
the same manner as a writ of summons in assumpsit, or if
service cannot be so made then by posting upon a conspicuous
public part of the improvement.
49 P. S. § 1506. Rule to file claim
(a) Entry of Rule; Effect. 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 mechanics'
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.
(b) Effect of Claim Filed by Subcontractor. Where a claim is
filed by a subcontractor in response to such rule, the owner
may give written notice thereof to the contractor in the manner
set forth by section 602[fn1] of this act, and upon the giving
of such notice the owner may avail himself of the remedies
provided by sections 601 and 604[fn2] of this act and the
contractor shall be subject to the duties set forth by
section 603 of this act.
49 P. S. § 1502. Filing and notice of filing of claim
(a) Perfection of Lien. To perfect a lien, every
claimant must:
(1) file a claim with the prothonotary as provided by this
act within six (6) months after the completion of his work;
and
(2) serve written notice of such filing upon the owner
within one (1) month after filing, giving the court, term
and number and date of filing of the claim. An affidavit of
service of notice, or the acceptance of service, shall be
filed within twenty (20) days after service setting forth
the date and manner of service. Failure to serve such notice
or to file the affidavit or acceptance of service within the
times specified shall be sufficient ground for striking off
the claim.
(b) Venue; property in more than one county.
Where the improvement is located in more than one county,
the claim may be filed in any one or more of said counties,
but shall be effective only as to the part of the property
in the county in which it has been filed.
(c) Manner of service. Service of the notice of filing
of claim shall be made by an adult in the same manner as a
writ of summons in assumpsit, or if service cannot be so
made then by posting upon a conspicuous public part of the
improvement.
49 P. S. § 1503. Contents of claim
The claim shall state:
(1) the name of the party claimant, and whether he files as
contractor or subcontractor;
(2) the name and address of the owner or reputed owner;
(3) the date of completion of the claimant's work;
(4) if filed by a subcontractor, the name of the person with
whom he contracted, and the dates on which preliminary notice,
if required, and of formal notice of intention to file a claim
was given;
(5) if filed by a contractor under a contract or contracts
for an agreed sum, an identification of the contract and a
general statement of the kind and character of the labor or
materials furnished;
(6) in all other cases than that set forth in clause (5) of
this section, a detailed statement of the kind and character of
the labor or materials furnished, or both, and the prices
charged for each thereof;
(7) the amount or sum claimed to be due; and
(8) such description of the improvement and of the property
claimed to be subject to the lien as may be reasonably
necessary to identify them.
