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can a mechanics lien be filed ,windows ordered but a job never started and windows have not been delivered to homeowner

PennsylvaniaMechanics Lien

can a mechanics lien be filed for windows ordered but the job was never started and windows were not delivered to homeowner. homeowner has hired another company to do the job. payment for windows it being demanded. Communication was poor between parties and there were delays in providing service.

1 reply

Feb 7, 2020

Generally, no. A mechanics lien claim typically can't be filed for materials that are never delivered or incorporated into the job. This is especially true where the materials are easily reusable on other jobs. Looking to the Pennsylvania mechanics lien statute, specifically - I'm not aware of any provision which would seem to provide for lien rights where materials were never delivered, much less incorporated, into the improvement. To be sure - § 1201(7) of the lien statute defines "materials" which would give rise to lien rights as "building materials and supplies of all kinds, and also includes fixtures, machinery and equipment reasonably necessary to and incorporated into the improvement." So, this would seem to reinforce the general principle that materials must be incorporated in order to give rise to lien rights. It may seem a bit harsh, but this policy makes sense. Lien rights secure payment for work that improves the project property. And, in order for a claimant to bind the property (and property owner) to the debt, the property must have received some benefit.

Other recovery options could be on the table

Keep in mind that, even if mechanics lien rights might not be on the table, there could be other options for recovery. If the owner had made a contract - be that in writing or verbally - then they could be on the hook for breach of contract. Though, this might not be very helpful for recovery if the supplier also breached the contract by failing to perform. Ultimately, though, if the materials can easily be repurposed for another job - trying to recover payment for materials that were never delivered or used might be an unnecessary uphill battle. But, every situation is different, and pursuing recovery may well make sense in your situation. For the most clarity on how to proceed with recovering the debt, it'd be helpful to consult a local Pennsylvania construction attorney. They'll be able to review your circumstances and relevant documentation then advise on how best to proceed.

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