Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
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for its content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Preliminary Notice of Intention
to File a Claim.
Scope: State of Pennsylvania, Private Works
Special Note: You may file a private work lien
claim in Pennsylvania only if you are a contractor, subcontractor,
sub-subcontractor or laborer of the project. No other parties
have a right to a lien. In addition, the amount of the claim
must exceed $500.00 (PA 49, 1301).
If you are normally a material man solely of a
job, the only way you can enforce a lien is to find a way to
make yourself a subcontractor or sub-subcontractor of the job.
For your information, the following defines contractor or subcontractor:
"Contractor" means one who, by contract
with the owner, express or implied, erects, constructs, alters
or repairs an improvement or any part thereof or furnishes labor,
skill or superintendence thereto; or supplies or hauls materials,
fixtures, machinery or equipment reasonably necessary for and
actually used therein; or any or all of the foregoing, whether
as superintendent, builder or material man.
"Subcontractor" means one who, by contract
with the contractor (or subcontractor), express or implied,
erects, constructs, alters or repairs an improvement or any
part thereof; or furnishes labor, skill or superintendence thereto;
or supplies or hauls materials, fixtures, machinery or equipment
reasonably necessary for and actually used therein; or any or
all of the foregoing, whether as superintendent, builder or
material man (PA 49, 1201).
The key: Get yourself signed up as a contractor
or subcontractor for the job, and you can lien. Make a requirement
of supplying the job.
Time Constraints: A Preliminary Notice of Intention
to File a Claim must be prepared and served on the owners, general
contractors and lenders (and sureties, if one exists) by personal
service or certified mail on or before completion of your work
for the owner or prime contractor after the amount due or become
due is not paid. We strongly urge you to serve this notice immediately
upon your first furnishing of labor, materials or services.
Information Requirements: The information required
by program and whether you intend to send an owner cover letter.
Form Types: Notice of the Right to Claim a Lien,
Exhibits A-D (if needed) and Owner Letter (if used).
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms (less the Owner Cover Letter and the Recorder
Letter) must be sent to all legal owners, all general contractors,
all lenders and all sureties. Sending a copy to your customer
is optional (unless they are the owners, general contractors,
lenders or sureties).
When in doubt, file your lien claim immediately.
Important: If you fail to prepare and serve your
Preliminary Notice within statutory times mentioned about, you
may lose your right to lien. Once the Preliminary Notice is
served you may serve your Notice of Intent to File a Lien, Stop
Notice or Bond Claim.
