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Can I files a mechanics lien?

PennsylvaniaLien DeadlinesMechanics LienRight to Lien

I'm a material supplier and we delivered our last piece of material on 9/23/20. We have not been paid, and need to know if we have a right to lien the project, it has been over 6 months. Or does the 6 month clock start when the GC issues a jobsite completion notice? What if we did not receive a completion notice? There has been an 83k lien against this property by someone else. We are located in CA, jobsite was in PA.

3 replies

Apr 16, 2021
You are, unfortunately, out of time to file a mechanic's lien in PA. The time runs from the last date you delivered materials to the job site. That being said, you have some other options available to you to collect the sizeable amount owed. Our prompt pay laws in PA are pretty strong. It provides for 1% interest per month, 1% penalty per month, and recovery of your attorneys' fees and costs. I suggest considering this option to collect what is owed. Feel free to email or call me at jquinter@offitkurman.com or 484-531-1701 if you would like to discuss it.
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Apr 16, 2021

I concur with Mr. Quinter. Although your rights to lien the project have expired, Pennsylvania's CASPA (https://www.levelset.com/news/pennsylvania-contractors-and-subcontractors-payment-act/) enables justified claimants to collect all improperly withheld payments plus interest plus penalty plus attorney's fees. CASPA was enacted to assist suppliers and subcontractors in your precise situation. You should consult a PA construction attorney who understands how to utilize the law to get you results. https://www.vaughanbaio.com/attorneys/colin-m-schmitt/

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Apr 19, 2021
No …the 6-month time limit is based on your last day worked.
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