Claim for Mechanics’ Lien - Private Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim for Mechanics’ Lien.

Scope: State of Pennsylvania, Private Works.

Time Constraints: you must have served a preliminary notice and a formal notice to owner (notice of intent to file a lien or bond claim) 30 days before filing this claim, or your claim will have no effect. See Pennsylvania Preliminary Notice and Lien Warning Notice, Private Works, memo for more information.

You must file your Claim for Mechanics’ Lien with the Certification of Location with the Prothononotary of the County (i.e., the County Recorder or Clerk) where the project is located within four months, inclusive, of the last furnishing of materials, labor or services. Include a copy of your Preliminary Notice and Formal Notice to Owner of Filing Mechanics’ Lien along with the proof of service of said notice. Serve attested (that is, stamped by the Register of Deeds) copies of the Claim for Mechanics’ Lien on the owners of the property. You must send the proof of the service of the Formal Notice of Filing of Claim with a copy of the Claim for Mechanics’ Lien within one month of actually filing the claim, and file your Proof of Service of the Formal Notice and Claim on the owners of the Claim of Lien with the Prothonotary within 20 days of the actual service.

Perfection: After recording, you must file suit within 2 years of your claim filing to perfect your lien.

Lien Bond: Are permitted under certain conditions.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (Do not pass these up! Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Formal Notice to Owner of Filing of Mechanics’ Lien, Claim for Mechanics’, Certification of Location, Proof of Service of Formal Notice to Owner of Filing of Mechanics’ Lien, Exhibit's A-D, if needed, and Recorder's Letters.

Procedures: Prepare your documents using the required information. File your Claim for Mechanics’ Lien and Certification of Location along with a copy of your Preliminary Notice.  Serve attested copies of the Claim of Mechanics’ Lien upon the owners via Certified Mail with the Formal Notice to Owner of Filing Mechanics’ Lien.  When you receive the certified mail file the proof of service of each copy within 20 days of receipt. At this point you are ready enforce all of your claims in one action.

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