Home>Levelset Community>Legal Help>If we are a material supplier on a state job, please confirm that we do NOT need to file a lien if we contracted with the General Contractor.

If we are a material supplier on a state job, please confirm that we do NOT need to file a lien if we contracted with the General Contractor.

We contracted to supply materials with the General Contractor on a job at the U of PA. Is the U of PA a public school or a private school? If it is public, please confirm that we do NOT need to file a lien claim against the GC now, in order to be able to enforce a claim later.

1 reply

Oct 24, 2018

According to the University of Pennsylvania website, it is a private Ivy League institution. Of course, to determine whether a mechanics lien or a bond claim would be more appropriate, it's important to be sure that the underlying property (i.e. the land/ parcel(s)) where a project is located is owned privately or publicly. When university projects are in play, this could be tricky - at times, universities' land use is not as cut and dry as other property owners. Information from the county assessor or from relevant building permits (of applicable) could be helpful in making the determination. If the owner of the land is a private entity, then a mechanics lien is likely the most appropriate remedy - and the notice requirements associated with a lien would apply. On projects where a bond claim is the appropriate remedy, no preliminary notices are required, and a bond claim in Pennsylvania must be received by the contractor within 90 days after the claimant last furnished labor and/or materials to the project. On projects where a mechanics lien would be the most appropriate remedy, notice may be required - and all claimants who have not contracted with the property owner must provide a Notice of Intent to Lien prior to filing a lien claim, should one become necessary.

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