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Multiple owners

We recently sent several notices of intent to lien for separate buildings in a townhome community. However, after sending these NOIs, we learned that each building was subdivided and sold to different individual owners. Should we send updated notices of intent to lien to the new property owners

1 reply

Feb 11, 2020

Pennsylvania mechanics lien claimants hired by someone other than the property owner must send a Notice of Intent to Lien in order to preserve their mechanics lien rights. And, as hinted at above, the Notice of Intent must be sent to the property owner. So, when notice has been sent to someone who isn't the property owner (like a prior owner), it'd likely be a good idea to try and send Notices of Intent to the required parties, if there's still time to do so. Practically, though, sending notice to both the developer and the property owner can be extra beneficial considering that the developer is quite likely involved in the payment dispute (or will at least become involved if the dispute escalates). The more higher-tiered parties aware of the issue, the greater the number of parties who will want to ensure the matter is swiftly resolved. So, sending extra notice might actually end up being a positive. If there isn't time to send an updated Notice of Intent to Lien, then things would get a bit murkier. But, it wouldn't make much sense to penalize a prospective claimant for sending a notice to the owner based on their best knowledge at the time the notice was sent. This is especially true if the transaction took place recently and during the life of the project since the claimant would have little reason to know that ownership had changed hands. But, at the same time, if notice requirements aren't followed, as required, there's always a chance that the notice would end up being ineffective. I hope this was helpful. For more information on Pennsylvania's Notice of Intent requirements, this resource should provide good insight: Pennsylvania Notice of Intent FAQs & Guide.

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