If we contract as a consultant with an Architect in relation to the Architect's contract with the Owner, what would we be classified as what our role is? Subcontractor? Other?
1 reply
Sep 30, 2019
When a Pennsylvania architect is hired by a property owner, for purposes of notice and lien requirements, that architect may also be considered a "contractor." Specifically, § 1201(4) states that n architect who "...in addition to the preparation of drawings, specifications and contract documents also superintends or supervises any such erection, construction, alteration or repair" will be considered a "contractor".
So, a party hired by an architect may want to send notices as if they've been hired by a traditional contractor in order to best preserve their rights - particularly when they know the architect will be superintending or supervising the work. And, parties hired by a contractor will generally be considered subcontractors.
Mechanics lien rights, generally
Keep in mind that, at least for the purposes of filing a mechanics lien, a prospective lien claimant must often provide some sort of physical contribution to the improvement in order for mechanics lien rights to arise. So, in a situation where consulting or planning work is being provided, but no labor or materials, lien rights might not always be available.
In Pennsylvania, lien rights will be available to those who furnish labor or materials - and, this includes those who also superintend other parties providing labor or materials. So, even where a claimant doesn't provide physical work, themselves, superintending work may be enough to trigger lien rights. However, nothing in the state's lien statute seems to provide the ability to lien for consultation work, without more.