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Do I put a lien on the homeowner's property or the contractor who is not paying us?

PennsylvaniaLien WaiversMechanics Lien

I am a siding and roofing subcontractor in Pittsburgh, Pennsylvania. The builder-contractor is not paying me for work that we completed. We finished the work at the end of May, 2021. The homeowner says that they have paid the builder but the builder will not pay us. I need to file a lien. Do I file the lien on the homeowner's house/property or do I file the lien on the contractor's property? Also, the homeowner tells us that the builder signed a lien waiver.

2 replies

Aug 30, 2021

The lien is filed against the real property that was improved by the claimant's work. It does not matter whether or not the builder signed a lien waiver to the homeowner, but it would matter if you signed a lien waiver to the GC.  

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Aug 31, 2021
You can file a lien on the homeowner's house (i.e., the Property that you worked on). The fact that the homeowner alleges to have paid the builder/general contractor is not a defense to your claim.
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