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Do you have to wait 30 days to file an amended lien after filing a corrected Notice of Intent to Lien in PA?

PennsylvaniaLien DeadlinesMechanics Lien

Lien amount was incorrect on both Notice of Intent to Lien and on the Lien itself. i had the amount corrected on the Notice of Intent to Lien and now want it corrected on the lien itself. i know there is a 30-day waiting period after filing the notice before you file the lien. does that go for the amendment as well? i ask because we are going to run into our lien deadline (6 months after materials delivered).

1 reply

Apr 12, 2018
That's a good question. First, as mentioned above, a Notice of Intent to Lien must be sent at least 30 days prior to a claimant mechanics lien filing. While it makes sense to include the same amount in both a Notice of Intent and an eventual lien filing (and typically that amount would be the same), Pennsylvania statute does not appear to require that the amounts be exactly the same. Further, there is nothing that tethers a specific Notice of Intent to one individual lien claim. Thus, if a Notice of Intent was properly sent, any lien claim for that work - even if there might be some discrepancies between what's contained in the Notice of Intent and the lien claim - should be valid if made beyond 30 days from the time the Notice of Intent to Lien was sent. If a second Notice of Intent to Lien is sent with a revised amount, it's a fair question whether a claimant must wait 30 days from a second notice. Ultimately, that decision would be up to the court if the issue is raised. Considering that the whole point of the Notice of Intent to Lien requirement is to provide an owner with notice that a lien filing might soon be made, it would follow that the first notice might be sufficient (and that a lien claimant would not need to wait an additional 30 days before filing). But again - that would likely be up to the discretion of the court. If waiting an additional 30 days to make a claim would put a claimant past their deadline, it would probably be a good idea to file anyway. There may be room for argument with other aspects of lien law, but mechanics lien deadlines are typically not very forgiving or understanding.

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