LEGAL GUIDE
Written by attorney Cary Bartlow Hall | Aug 9, 2010

Execution Upon Mechanics' Liens in Pennsylvania

A mechanics’ lien is nothing more than record notice of a claim, similar to a lis pendens. It must be reduced to judgment before you can execution can proceed in accordance with Pa.R.C.P. 1651 et seq.

A complaint in reliance on the mechanics’ lien claim must be filed within two years. 49 P.S. § 1701(b). A verdict must be recovered or judgment entered within five years of the date of filing the claim to prevent the claim from being wholly lost. 49 P.S. § 1701(d). There are some exclusions from the time used to calculate this five-year period. See id.

Finally, an action to obtain judgment on a mechanics’ lien is in rem, not a personal action on the contract. It is concurrent with and cumulative to an action in assumpsit. 49 P.S. § 1702.

Additional resources provided by the author

The Pennsylvania Mechanics’ Lien Law, 49 P.S. § 1101 et seq.

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