Philadelphia Lawyer for Mechanic's Lien
Have you been refused payment after doing work on a property? Though frustrating, you are not without recourse. If you are a contractor or subcontractor who is due payment for a project you do have a legal remedy available to you called a 'mechanic's lien'. Contrary to its name's implication, a mechanic's lien is not something available exclusively to mechanics. It is a statutory lien against real property to secure payment of a debt owed by the property owner to a contractor or subcontractor for labor or materials provided in work (construction, repair, etc.) upon the property. To discuss how to go about securing a mechanic's lien, call the Law Offices of Greg Prosmushkin, P.C. today to speak with one of our Attorneys.
What is the Purpose of a Mechanic's Lien?
In short, it creates a lien against the property. It attaches to the land and all buildings upon the land. So how does this help you? Well a lien is the pecuniary interest over a property, the purpose of which is to secure the payment of a debt. Its function is to restrict and encumber the property as it forces the owner to pay the owed party prior to selling the property. Also, any potential buyer will see the lien filed against the property and be aware of the problems it has in tow.
The lien serves as a legal tool to eventually force the owner to pay the contractor or subcontractor. The simple filing of the lien may serve to compel the owner to satisfy their debt.
How to File a Mechanic's Lien
There are four prongs which must be met in order to determine if a mechanic's lien is the appropriate remedy.
•(1) The claimant must be a contractor, subcontractor or sub-subcontractor.
•(2) The debt for materials and labor must exceed $500.
•(3) The debt must arise from either the erection, construction, repair, or improvement of the property, as defined by Lien Law.
•(4) The contractor and/or subcontractor must not have waived their right to file a mechanic's lien.
Once these prongs are met, the lien may be filed. The following procedural requirements must be met in this filing:
•(1) A potential claimant must give the owner written notice of their intent to file a mechanic's lien at least 30 days prior to actually doing so.
•(2) The lien must be filed within six months of the works' completion.
•(3) The lien must be filed in the county where the work was done.
•(4) Appropriate information must be included (an attorney will assist you in ensuring all necessary information is provided).
•(5) The claimant must provide the owner notice of the filed lien within one month of its filing.
•(6) The claimant must file a proof of service claim within 20 days of service.
If all these requirements are met the lien will be perfected and your interests protected thereafter.
Call the Law Offices of Greg Prosmushkin, P.C. today to schedule an entirely free consultation with one of our attorneys. We can help you to get the protection you deserve.
This content was written on behalf of Greg Prosmushkin.