a subcontractor did unsatisfactory work and I willnot pay until work is to satisfaction He said he will file a mechanic lien on property what proof does he need to file a lien
1 reply
Feb 26, 2020
A subcontractor can file their mechanics lien even if the workmanship is in dispute, and even if there's a dispute over what they're owed. In fact, both scenarios extremely common in construction payment disputes, and they're both ordinary causes for a mechanics lien to be filed.
As for what proof they must include in order to file a mechanics lien claim - the PA mechanics lien filing requirements aren't all that burdensome, at least in terms of documentation. As mentioned in the following article, a Pennsylvania lien form must contain information about the project, contract/agreeement, and the dispute: How to File a Pennsylvania Mechanics Lien. However, the claimant won't need to affirmatively prove their claim to a serious degree at the time the lien is filed. Though, if the lien is challenged, the claimant will need to provide additional support.
Finally - when withholding payment, it's important to keep the Pennsylvania Contractor and Subcontractor Payment Act (CASPA) requirements in mind. Under that legislation, a party withholding payment must provide written notice of the withholding within 14 days of denying the relevant invoice. Otherwise, the party withholding payment may be subject to interest penalties and damages.
Finally, these two resources might provide some additional insight for you:
- I Just Received a Notice of Intent to Lien – What Should I Do Now?- Pennsylvania Mechanics Lien Guide and FAQs- A Mechanics Lien Was Filed on My Property – What Do I Do Now?