Legal Question in Real Estate Law in Pennsylvania
Pennsylvania Mechanics lien,
I had an electrical contractor working
on the building of my home demand
more than the contract price for the
job. He walked off the job and filed a
mechanics lien for what he
demanded. Easy to do in Pa.
However, Its been 5 years and he
has never filed any other motion to
move case forward. It has just sat,
and I currently live in the home
having paid another contractor to
finish what he would not. My
question, Isnt it possible to have his
mechanic lien claim dismissed simply
for lack of prosecution on his part? In
Pa. a mechanics lien is very easy to
file, however he has no case and
knows this, hence he does nothing. I
would like to clear this off my title
however. thanks,
2 Answers from Attorneys
Re: Pennsylvania Mechanics lien,
There are strict requirements involved in filing a mechanics lien and other issues. i would advise you contact an attorney preferably in the county where the mechanics lien is filed to review and assess your case.
Re: Pennsylvania Mechanics lien,
Generally, the first thing to do is to see if they followed the requirements before filing the lien, to see if you can demand that they withdraw the lien claim. Here, youdo not have to do that, as they MUST file suit within 2 years to enforce their lien. They did not, so you send them a letter demanding they remove the lien, and if htey do not, you hire an attorney to have the lien removed, and in that pleading, you demand damages agains them for failing to remove the now illegal lien. They have NO option. Heep in mind, that if you wait until after 6 years after they performed work, that they can not sue you, BUT, if they owe you money, you HAVE to sue them within 6 years.
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