US Legal Forms
Legal Resources
Questions & Answers
Contractors
Can an architect file a mechanics lien for unpaid fees in Pennsylvania?

Can an architect file a mechanics lien for unpaid fees in Pennsylvania?

Full question:

Can an architect file a mechanics lien in Pennsylvania for unpaid fees and if possible, what would be the pertinent timeline for such action?

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Pennsylvania

Answer:

Yes, an architect can file a mechanics lien in Pennsylvania for unpaid fees. To do this, they must file a Lien Claim form with the prothonotary of the county where the property is located within six months of their last work. After filing, they have two years to take legal action to enforce the lien.

Subcontractors involved in property alterations or repairs must first file a Preliminary Notice of Intent to File Lien before completing their work. Additionally, all subcontractors must submit a Formal Notice of Intent to File Lien at least thirty days before filing a Lien Claim.

Once the Lien Claim is filed, the architect must serve written notice to the property owner within one month and record the lien within twenty days of serving the notice. If an action to enforce the lien is necessary, it must be initiated within two years of filing the claim.

For more details, refer to the Pennsylvania statutes: 49 P.S. § 1201, § 1301, § 1402, § 1501, § 1502, § 1503.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Which of the following may file a valid mechanics lien?

In Pennsylvania, valid mechanics liens can be filed by contractors, subcontractors, suppliers, and architects who have provided labor or materials for a construction project. Each party must follow specific procedures, including filing a Lien Claim form within the required timelines to ensure the lien is enforceable. It’s essential to comply with state regulations to maintain the validity of the lien.

Do architects provide lien waivers?

Yes, architects can provide lien waivers. A lien waiver is a legal document that waives the right to file a mechanics lien for work completed. This is often used in construction projects to assure property owners that they will not face a lien for unpaid services. It's important for architects to understand the implications of waiving their lien rights before signing such documents.

What is the priority of a mechanics lien in PA?

In Pennsylvania, a mechanics lien generally has priority over most other liens, except for certain government liens and prior recorded mortgages. The priority is typically determined by the date the lien is filed. This means that a properly filed mechanics lien can take precedence over claims made after it, providing the lienholder with a stronger position in case of property foreclosure.

Who creates a lien waiver?

A lien waiver is typically created by the party providing labor or materials, such as a contractor, subcontractor, or supplier. The waiver must be signed by this party to be valid. It serves as a formal acknowledgment that they have received payment and will not file a mechanics lien for the specified work. It's advisable to consult legal counsel to ensure the waiver is properly drafted.

How do you get a lien waiver?

To obtain a lien waiver, you should request it from the contractor or subcontractor who performed the work. It’s common to ask for a waiver upon payment for services rendered. Ensure that the waiver clearly states the work completed and the amount paid. Always keep a copy for your records. Consulting with a legal professional can help ensure the waiver meets all legal requirements.

How to fight a construction lien?

To contest a construction lien, you can file a petition in court to challenge its validity. You may argue that the work was not performed as agreed or that payment was made. It's crucial to gather evidence, such as contracts and payment records, to support your case. Consulting with an attorney experienced in construction law can provide guidance on the best approach to take.