Our company has a contract with a homeowner is Pennsylvania and we ordered custom materials for her project. She placed a 10% deposit down upon signing the contract and we ordered the materials. Months later she now wants to cancel the project and forfeit her deposit. Our custom materials and expenses exceed the deposit and we would like to place a lien on the property. I know we can do this for custom materials for a project in other states (without it being installed on the property), in Pennsylvania are we able to place a lien for custom materials?
Although the cost of custom materials where the buyer breaches the agreement could be recovered in a breach of contract claim, seeking reimbursement for the custom materials via a mechanic's lien would be improper. Mechanic's liens recorded against the real property are generally restricted to the value to which that property has been improved by the lien claimant's performed work or delivered materials. Although your customer should certainly be held liable for the cost custom materials ordered on her behalf, it would be much harder to justify the argument that her property was improved by the value of those custom materials when those materials were never actually installed on her property.