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Can we file a lien in PA without a Notice of Intent

Pennsylvania

We are a direct sales distributor with a contract directly with the property owner. We have yet to receive final payment and the last material we provided arrived on site 1/7/21. The property is in Pennsylvania. Can we file a lien without a Notice of Intent since we were directly contracted by the owner, and if so, what is the deadline to file based on the above date?

3 replies

Jun 17, 2021

If you have a direct written and enforcable contract with the property owner, you have 6 months from the last date that you provided labor or materials to improve the property pursuant to that agreement. If there is a direct contract, no additional notice would be required because the owner knows they received the work, were billed for the contribution, and simply declined to pay.

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Jun 17, 2021
Barring other information, direct contractors of the property owner do not need to issue a notice of intention to lien. Only lower tiers subcontractors/suppliers. Direct contractors merely need to file their liens be within 6 months of the date of the last provision of services and/or delivery of materials.
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Jun 18, 2021
Yes. Since you have a contract with the Owner, you do not have to file a Notice of Intent to lien.
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