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Can we file a Mechanics Lien against a customer's home if the money they owe was for CONTENT only, not structure?

Pennsylvania

We, Servicemaster of Greater Pittsburgh, completed CONTENT packing, disposal, cleaning, storage and transport for a customer following a fire. We did not do any work on the STRUCTURE (the home she owns), so can we legally file a Mechanics Lien against her home for the $21,043.88 she owes us for the CONTENT work we completed?

1 reply

Jul 20, 2021

Most likely not. Mechanics' liens are generally allowed in connection with the erection, construction, alteration or repair to an improvement to land (i.e. a building or structure). Although liens are allowed for work that is incidental to erecting, constructing, altering or repairing an improvement, there is a case, where the Courts have specifically held that cleaning in preparation for the demolition of a building was not incidental to construction and would not allow that work to serve as the basis for a mechanic's lien. The Courts also interpret the requirements for mechanics' liens very strictly. Thus, it is very unlikely that a lien for cleaning, contents removal and packing will survive if the owner challenges your filing. I think you are therefore better-off filing a lawsuit against the owner for breach of contract and unjust enrichment.

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