• CSC20logograyorangenoyear
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accommodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accommodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

November 29—December 1, 2023
The Diplomat, Hollywood, FL

Register Sponsor / Inquire
Q
POPULAR SEARCHES
News + Features
News + Features
News + Features
News + Features
News + Features
News + Features

Latest News

March 29, 2017

Pennsylvania Introduces Online Mechanic’s Lien Procedures

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
March 29, 2017

Pennsylvania Introduces Online Mechanic’s Lien Procedures

The amended statute protects the rights of both owners and subcontractors if they register online in a timely manner.

Traditional mechanic’s lien laws allow a subcontractor who has not been paid to file a lien against the owner of a project. To protect their rights, owners require their prime contractors to provide them with waiver of lien rights forms signed by subcontractors in exchange for payment of their invoices.

The flaw in this system is that an owner is often uncertain whether all subcontractors have received and returned the lien waiver forms to the prime contractor (i.e., have, in fact, been paid).

Pennsylvania, in what appears to be well-conceived and equitable changes to its Mechanic’s Lien Law, now requires both owners and subcontractors to register online to preserve their respective rights. The changes went into effect on Dec. 31, 2016.

An article in Construction Law by William D. Wickford and Erin D. Fleury explains the provisions of the revised law.

The revisions apply to projects of over $1.5 million. The amendments “require subcontractors to comply with an earlier lien notice requirement by providing a ‘Notice of Furnishing’ within 45 days of beginning work or providing materials if the owner has filed a ‘Notice of Commencement’ to the online directory with respect to a ‘searchable project’ prior to commencement of work on the project.”

The subcontractor’s Notice of Furnishing must also be filed online.

The key words in the amendments are the term “searchable project.” The online directory assigns a “unique identifying number” to each registered Notice of Commencement. “An owner also has an obligation to make reasonable efforts to ensure that a copy of the Notice of Commencement remains posted on the project site.”

Subcontractors cannot claim in good faith that they were unaware of the filing of a Notice of Commencement.

“The statute also makes it illegal to ‘suggest, request, encourage or require’ a subcontractor to refrain from filing a Notice of Furnishing ‘as a condition of entering into, continuing, receiving or maintaining a contract for work or furnishing of materials on a searchable project.’”

The Notice of Commencement must be included in contracts between the subcontractor, and the prime contractor, or owner, along with a “statutory warning informing the subcontractor that its failure to file a Notice of Furnishing could result in a forfeiture of its lien rights.”

The amended Pennsylvania law protects the rights of both the owner and the subcontractor if they take affirmative action to register online.

Source—

Pennsylvania’s New “State Construction Notices Directory” and the Implementation of Significant Changes to Pennsylvania’s Mechanic’s Lien Law, William D. Wickford and Erin D. Fleury, Construction Law, Feb. 27, 2017.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

Advance Registration Rates In Effect For CSC 2023

Advance registration rates are now in effect for Construction Super Conference, scheduled for Nov. 29 – Dec. 1, 2023.

Latest News Latest NewsNews

CSC Presenter Assesses Latest On Surfside Collapse

Third Thursday sat down with CSC presenter Wayne Kalayjian to get his reaction to the latest findings on the Surfside disaster.

Latest News Latest NewsNews

DOL Addresses Extreme Heat: Beneficial For Construction Industry?

The DOL intends to “ramp up enforcement of heat-safety violations” in the work place, including construction sites.

Latest News Latest NewsNews

EDITORIAL: New DOL Davis-Bacon Rule Misses the Mark

This rulemaking critically missed an opportunity to improve the wage determination process.

Latest News Latest NewsNews

Infrastructure Lags, Homebuilding Surges

ARLINGTON, VA - Two types of private nonresidential spending increased significantly in May, while most other categories lagged.

Latest News Latest NewsNews

Building Regs In New York: A Peek Into The Future

NEW YORK, N.Y. - Changes are coming as a result of Nov. 8, 2022 amendments to the building code.

Latest News Latest NewsNews

Newest CSC EAB Member: “Old Pay-To-Play Format Is Long Gone”

As the newest member of the CSC EAB, Wendy Venoit has definite opinions about the kinds of educational sessions that contribute to a successful conference.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
© 2023 Emerald X, LLC. All Rights Reserved.

ABOUT    CAREERS    AUTHORIZED SERVICE PROVIDERS   DO NOT SELL MY PERSONAL INFORMATION   TERMS OF USE   PRIVACY POLICY