B & B submitted a mechanics lien and received a letter back basically saying that what we submitted is not valid. I'd like to review the letter that we received to make sure that we do not need to release our lien.
2 replies
Jun 6, 2020
Without see the Mechanics Lien Claim or letter, it is not possible to determine if the lien is valid. However, because mechanics lien claims are an unusual remedy that allows contractors to quickly obtain a lien before trial, the courts construe them extremely strictly. Any small procedural error or deviation from the statutory requirements will result in the lien be declared invalid. As a result, I would highly recommend that you have your lien reviewed by an attorney who knows Pennsylvania construction law. If the lien is deficient and it is still within 6-months of the last day that you were on the job, you may have the ability to refile and perfect the lien.
If you need any assistance, our office has counsel available who know and under Pennsylvania’s mechanic’s lien law. Please let us know if you would like our help.
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Jun 6, 2020
I need more information to provide an accurate answer, but here is a general statement about the timing of serving notice of the intent to file a mechanics’ lien and for filing a mechanics’ lien under the PA statute. A subcontractor’s attempt to file a mechanics’ lien may not be valid if the subcontractor did not send notice of the intent to file a lien 30 days in advance of filing the mechanics’ lien and if the mechanics’ lien was not filed within 6 months of the last date that work was performed or materials were placed on the project (typically not including punch list work).