how do I file a mechanics lien in dauphin county pa for a roof replacement that was completed January 3, 2020?
1 reply
Apr 2, 2020
The requirements for the content of a mechanics lien are identified in the Pennsylvania Mechanic’s lien statute at: 49 P.S. §1503. A mechanics lien claim must include:
• the name of the party claimant and whether the claimant is filing as a contractor or a subcontractor;
• the name and address of the owner or reputed owner;
• the date of completion of the claimant's work;
• if filed by a subcontractor, the name of the person with whom the subcontractor contracted, and the dates on which preliminary notice, if required, was given, and on which formal notice of an intention to file a claim was given;
• if filed by a contractor under a contract or contracts for an agreed sum, an identification of the contract and a general statement of the kind and character of the labor or materials furnished;
• in all other cases than claims under an agreed-price contract or contracts, a detailed statement of the kind and character of the labor or materials furnished, or both, and the prices charged for each
• the amount or sum claimed to be due; and
• such a description of the improvement and of the property claimed to be subject to the lien as may be reasonably necessary to identify them
See 49 P.S. §1503; 20 Standard Pennsylvania Practice 2d § 105:123
The lien itself must be filed in the Dauphin County Court of Common Pleas like a regular civil action. However, in order to perfect the lien, you must prepare and serve a Notice of Mechanic’s Lien Claim on the property owner (or post the Notice on property service cannot be made) within 30-days after the lien is filed. This should be done by the sheriff if the Owners are located in Pennsylvania. You then must prepare and file an Affidavit of Service of Mechanics’ Lien with the Court certifying that the lien was served within 20 days after the date when the service is made.
Please note that these requirements are strictly enforced by the Court and that a lien will be stricken if any of the requirements are not followed. We therefore recommend that you retain an experienced attorney before attempting to file a mechanics’ lien claim.
Steven P. Engel, Esquire
MAIELLO BRUNGO & MAIELLO, LLP
Southside Works
424 South 27th Street, Suite 210
Pittsburgh, PA 15203
P: (412) 242-4400
F: (412) 242-4377
Direct: (412) 436-2012