Service Rules for Mechanics’ Liens in Pennsylvania must be Strictly Followed

The Philadelphia Court of Common Pleas decision in Bertino v. Clark-Dougherty, 2017 WL 4330687 (2017) is a reminder that the service rules for mechanics’ liens in Pennsylvania must be strictly followed.  In Bertino, the court granted preliminary objections and struck a mechanics’ lien claim because service of the notice of filing of the lien was made improperly, even though the property owner actually received the notice.  The Court found that service on the out-of-state property owner by regular mail, after a certified mailing went undelivered, was improper. Further, the lien claimant failed to file an affidavit of service within twenty days of the supposed service, as required by the mechanics’ lien law.  Due to the very technical nature of the lien law’s requirements, and because these requirement will be strict enforced, potential lien claimants should always consult counsel before attempting to perfect lien rights.

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