What are the steps I need to take once a sub contractor has served me with a mechanics lien?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are the steps I need to take once a sub contractor has served me with a mechanics lien?

On 02/05/10 I bought a new construction home. The contractor didn’t pay one of the sub-contractors. That sub-contractor went through the proper steps to inform us that they were filing a mechanics lien against our property for $9000. 2 months ago they filed it. From what I’ve read they have 2 years to take me to court. Why is it my responsibility to cover the contractor’s debts? And how long do I have until I must pay?

Asked on November 12, 2010 under Real Estate Law, Pennsylvania

Answers:

Stephen Wiener / Wiener and Wiener LLP

Answered 13 years ago | Contributor

The filing of the mechanics lien places a lien on your property and should be addressed immediately. Payment of the contractor is not a defense to the mechanics lien and it is possible that you may have to pay the subcontractor as well and then sue the contractor to get repaid (as opposed to the subcontractor having to sue the contractor.) There may have been a lien waiver filed which would prevent the subcontractor from filing the claim. Also if you bought title insurance when you purchsaed the house that may provide coverage against the subcontractor claim. You should consult a real estate attorney to review the matter and determine what options you have.

Legal Disclaimer. Mr. Wiener is licensed to practice law in Pennsylvania and Florida. The information contained in any response is provided solely for general informational purposes, and should not be construed as legal advice on any subject matter. Neither this response nor this web site is an offer to represent you, nor is it intended to create an attorney-client relationship with you. Information contained herein is not intended to be a substitute for legal counsel on any subject matter. Significant and important facts, timelines and other relevant information could significantly change the reply or make such reply unsuitable. The information above may not reflect current legal developments and may not reflect the law or current developments in your jurisdiction. Each legal matter must be evaluated on a case-by-case basis because no two legal cases or situations are the same. You should consult with a licensed attorney regarding your individual situation. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Any federal tax advice contained above was not intended or written to be used, and cannot be used, by you for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.

 

 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You state her that the subcontractor "went through the proper steps" to file lien.  Are you sure.  Pennsylvania is very particular as to the steps that need to be taken to file the lien.  Also, I may not wait until he or she decides to sue in the next 2 years.  I might be proactive and seek to sue the contractor and include the sub in the suit.  Remember that the lien has interest associated with it.  It could be very high when he or she decides to sue. I would consult with an attorney in your area on this matter as soon as you can. It may be money well spent. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption