Artisans and Service Liens

Last Review
Last Update

Statutes

"State mechanic's lien provisions that have not been repealed can be found in 49 PS § 1101 - 1901. 49 PS § 1301(a) says:

Except as provided under subsection (b), every improvement and the estate or title of the owner in the property shall be subject to a lien, to be perfected as herein provided, for the payment of all debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim, other than amounts determined by apportionment under section 306(b) of this act, shall exceed five hundred dollars ($500).

Additionally, 49 PS § 1303(a) states:

No lien shall be allowed in favor of any person other than a contractor or subcontractor, as defined herein, even though such person furnishes labor or materials to an improvement.

It appears that R.A. Greig Equipment Co. v. Mark Erie Hospitality may impact equipment lessors in this area."

Cases

The Third Circuit, however, has held the conduct of such a sale violates the original owner's federal Due Process rights. Parks v. "Mr. Ford", 556 F.2d 132 (3d Cir. 1977).

Comments

None.

Contributors

Lawrence F. Flick, II
Blank Rome LLP

The statutory information was edited and reviewed with the support of MultiState

Become a Content Contributor

The State Law Compendium is made possible through the cooperation, dedication and ongoing efforts of attorney’s who provide and update its statues, cases and comments. Attorneys who would like to volunteer to develop or update compendium content are welcome to contact us to learn more.
Learn more