In the world of commercial real estate and construction, projects don’t always go as planned. Delays, disputes, and non-payment can lead to headaches for all parties involved.
When you find yourself in such a situation in Pennsylvania, one valuable legal tool to consider is a mechanics lien. Davis Bucco & Makara, a prominent commercial real estate and construction law firm in Pennsylvania, specializes in helping clients with zoning laws, permits, commercial transactions, and, importantly, navigating the complexities of mechanics liens.
In this article, we’ll explore what mechanics’ lien lawyer are, when and how to get one, and the role of Davis Bucco & Makara in this process.
Understanding Mechanics Liens
A mechanics lien, often referred to as a construction lien, is a legal claim placed on a property by a contractor, subcontractor, or supplier who has provided labor or materials but has not been adequately compensated for their work. This lien serves as a means for these parties to secure payment for their services, and it places a cloud on the property’s title, making it challenging to sell or refinance until the lien is satisfied.
When to Consider a Mechanics Lien
- Non-Payment Issues: If you’re a contractor, subcontractor, or supplier, and you’ve completed work or provided materials for a construction project, but you haven’t received payment as agreed upon, it may be time to consider a mechanics lien.
- Project Delays: In cases where project delays have caused financial strain on your business due to increased labor or material costs, a mechanics lien can help protect your interests.
- Disputes and Breach of Contract: When disputes arise over contract terms or the quality of work, and you’re not receiving the compensation you believe you’re entitled to, a mechanics lien can serve as a powerful legal remedy.
How to Obtain a Mechanics Lien in Pennsylvania
Obtaining a mechanics lien in Pennsylvania is a precise and regulated process. Here are the key steps involved:
- Preliminary Notice: The first step is often to provide a preliminary notice. Depending on your role in the project, you may be required to send a notice to the property owner, general contractor, and other relevant parties. This notice informs them of your involvement and intention to file a mechanics lien if necessary.
- File a Mechanics Lien Claim: If payment disputes persist, you can proceed to file a mechanics lien claim in the county where the project property is located. This claim should include detailed information about the project, your work or materials supplied, and the amount owed.
- Serve the Lien: After filing the mechanics lien, it must be served on the property owner and other stakeholders involved in the project. Proper service is essential to ensure the lien’s validity.
- Enforce the Lien: If the property owner and other parties do not resolve the payment issues after receiving the lien, you may need to take legal action to enforce the lien. This can involve a lawsuit to force the sale of the property to satisfy the debt.
The Role of Davis Bucco & Makara
Davis Bucco & Makara, a renowned commercial real estate and construction law firm in Pennsylvania, is well-versed in helping clients navigate the intricacies of mechanics liens. Their experienced attorneys can assist with:
- Compliance: Ensuring that all necessary notices and filings are completed accurately and in compliance with Pennsylvania’s mechanics lien laws.
- Negotiation: Negotiating with property owners, contractors, or other parties involved to reach a resolution that avoids litigation while securing your rightful payment.
- Legal Representation: If legal action becomes necessary, their skilled attorneys can represent you in court, working diligently to enforce the mechanics lien and protect your interests.
In the world of commercial real estate and construction, mechanics liens are a valuable tool for contractors, subcontractors, and suppliers facing non-payment issues and disputes.
With their extensive experience in zoning law, permits, commercial transactions, and construction law, are well-equipped to assist clients in Pennsylvania with all aspects of mechanics liens.
Whether you’re looking to secure payment for your services or resolve a construction-related legal matter, their expertise can guide you through the process, ensuring your rights are protected and your interests are served. When projects go awry, having a trusted legal partner like them can make all the difference.