What happens when a Contractor performs work or delivers article of trade for a Customer, and the Customer doesn't pay? If he is smart, the Contractor files a Mechanic's Lien antagonistic the Customer. A Mechanic's Lien is a judicial modus operandi wherein a Contractor or Sub-Contractor can plant a lien on a place owner's unadulterated material possession when that businessman has slipshod to pay for services or products. That lien prevents the possessor from selling or transferring the geographic region unless and until the lien is pleased. The lien is filed in the Court of Common Pleas of the part in which the non-paying chattels owner's geographical region is situated.
In decree to directory a Mechanic's Lien, the Contractor essential set off all of the following:
(1) the lingo of the contract;
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(2) the magnitude alleged to be due and owing;
(3) the designation of all parties neck-deep in the deed/transaction;
(4) the twenty-four hours of the intrusion of the agreement; and
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(5) the goods position where the industry was accomplished. In direct for a constructor to directory a lien in Pennsylvania, he essential do so within six
(6) months of the instance that the industry was completed or the service was delivered.
It is primary to cognise that a Sub-Contractor can folder a Mechanic's Lien resistant a owner as fit. This is a bit of a antithetic book because it is naturally the Contractor who is responsible for gainful the Sub-Contractor. In a status where the Sub-Contractor is payable money, he can profile a lien resistant the possessor. If a Sub-Contractor wishes to record a Mechanic's Lien, he essential prime bestow the geographic area businessman 30 (30) days full-dress notice, in writing, of his directed to do so. That become aware of must describe that he performed sweat on the named property, but that he hasn't been salaried for his employment. The possessor consequently essential pay the Sub-Contractor for his services, and try to re-coup the monies from the imaginative Contractor.
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