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Is it possible to file a lien if I don't have a contract?

PennsylvaniaConstruction ContractMechanics Lien

Hello, So I have a project in Pennsylvania that I do not have a contract for. I have 90% of the job done and I asked for money to finish the job. They added extra work and I didn't say anything. Now they want me to finish the work with my own money and until then they won’t pay me. Is it possible to file a lien? It’s really dumb for me to keep on using my own money.

1 reply

Oct 31, 2019
Pennsylvania doesn't appear to require a contract be in writing in order to file a valid and enforceable mechanics lien. Note, though, that a mechanics lien is generally the nuclear option and should typically be avoided where possible. However, as always, the first step of payment recovery should typically be to try and talk it out to try and resolve the payment problem. With that in mind, let's look at how a contractor can recover payment - via mechanics liens or other tools.

Recovering payment with invoice reminders and demand letters

Simply re-sending an invoice or providing some written reminder that you're waiting on payment could be enough to get yourself paid. Before escalating a dispute, it's typically a good idea to provide some sort of reminder that payment is due but hasn't been paid. Taking things up a notch, sending a demand letter may help to move the needle. A demand letter will show that you're serious about payment and willing to do what it takes to get paid. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid.

Notice of Intent to Lien

Escalating things a bit further - potentially with a Notice of Intent to Lien - can work to force payment too. A Notice of Intent acts like a warning shot, informing the property owner that if payment isn't made and made and made soon, then a lien filing will be made. More on how a Notice of Intent to Lien can lead to payment here: What Is a Notice of Intent to Lien and Should You Send One? Also, note that claimants who are hired by someone other than the property owner actually have to send a Notice of Intent to Lien before they can proceed with a lien filing. So, for subs and suppliers, there may not really be much of a decision to make. You can learn about the PA notice requirements here: Pennsylvania Preliminary Notice Guide and FAQs.

Filing a Pennsylvania mechanics lien

Sometimes, a mechanics lien filing will become necessary in order to recover payment. Nobody wants to deal with a lien filing, but sometimes it's inevitable. For more information on the requirements for Pennsylvania lien claimants as well as how to actually file a lien, here are some great resources: - Pennsylvania Mechanics Lien Guide and FAQs - How to File a Pennsylvania Mechanics Lien – Step by Step Guide to Get You Paid
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