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Do I need to provide onsite training each time I deliver equipment in PA to secure lien rights?

We have run up against an interesting situation in PA and am hoping that your legal team can confirm this info. We are being told that Equipment companies can only secure lien rights on a project if a supervisor provides on-site training each time a piece of equipment is delivered.

1 reply

May 15, 2020

Businesses who provide labor, materials, equipment, machinery, etc. for the improvement of property are entitled to mechanics lien rights in Pennsylvania. And, an equipment rental company shouldn't need to hold an on-site training session in order for them to have lien rights. Rather, their equipment being used on-site is generally enough to establish the right to lien. To be sure, Pennsylvania subcontractors are entitled to mechanics lien rights. And, a subcontractor is defined to include someone who "supplies or hauls materials, fixtures, machinery or equipment reasonably necessary for and actually used" in the improvement. So, again - equipment rental companies should be entitled to mechanics lien rights on Pennyslvania projects, regardless of whether on-site training is performed. For more information on Pennsylvania mechanics lien rights: (1) Pennsylvania Mechanics Lien Guide and FAQs; and (2) How to File a Pennsylvania Mechanics Lien – Step by Step Guide to Get You Paid.

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