Construction and Commercial Real Estate Law

How Do You Bond Around A Mechanic’s Lien?

contractors talking about logistics for the current construction project


Are you scratching your head over a mechanic's lien? You're not alone. Many folks in Philadelphia, Pennsylvania, find themselves in a pickle regarding these tricky legal matters. But don't worry; we're here to help you understand how to bond around a mechanic's lien without breaking a sweat.


The construction lawyers at Davis Bucco & Makara have extensive experience handling construction law cases and navigating construction mistakes. Call 610-238-0880 today for more information.  

Understanding Your Legal Rights in Construction Law

Mechanic's liens can be a real headache for property owners and contractors alike. These legal claims can throw a wrench into your construction plans, but knowing your rights is the first step to finding a solution. In Pennsylvania, both property owners and contractors have specific rights when it comes to mechanic's liens. Getting the lay of the land before taking any action is crucial.


Tip: Always keep detailed records of all construction work and payments to protect yourself in case of a lien.

The Timeline To Bond Around a Mechanic's Lien: Steps to Take

Bonding around a mechanic's lien isn't an overnight process but can be a lifesaver. Typically, you're looking at a few weeks to a few months. The process involves filing a petition with the court, getting a bond, and having it approved. This can help you clear the lien from your property title while resolving the dispute.


Tip: Start the bonding process as soon as possible to minimize delays in your construction project.


  •  File a petition with the court to bond off the lien

  • Obtain a surety bond for 1.5 times the lien amount

  • Submit the bond to the court for approval

  • Notify the lien claimant of the bond

Pathways to Resolution: How Construction Attorneys Can Assist

When you're up against a mechanic's lien, having a construction lawyer in your corner can make all the difference. These legal pros know the ins and outs of Pennsylvania's lien laws and can guide you through the bonding process. They can help you file the right paperwork, negotiate with lien claimants, and even represent you in court if needed.


Tip: Look for a construction attorney with experience in mechanic's lien cases in Philadelphia.

The Nuts and Bolts of Bonding Off a Lien

Bonding off a lien is like swapping out one security for another. Instead of attaching the lien to your property, you're putting up a bond that guarantees payment if the lien claim is valid. This can be a game-changer for property owners who need to keep their projects moving forward or sell their property without the cloud of a lien hanging over them.


Tip: Consult with a construction attorney to determine if bonding off the lien is the best strategy for your situation.

The Legal Landscape of Mechanic's Liens in Pennsylvania

Pennsylvania's mechanic's lien laws have quirks you need to know about. Where a project is part of the electronic lien registry, Contractors and subcontractors must file a Notice of Furnishing within 45 days of first providing labor or materials to preserve their lien rights. This is just one of the many rules that can trip up the unwary.


Tip: Familiarize yourself with Pennsylvania's specific lien laws or work with a construction lawyer who knows them well.

Common Pitfalls in Handling Mechanic's Liens

Many folks stumble when dealing with mechanic's liens, but you don't have to. One big no-no is ignoring the lien or hoping it will disappear. Another mistake is handling everything without legal help, especially in complex procedures like bonding off a lien. These missteps can cost you time and money in the long run.


Tip: Don't try to navigate the lien bonding process alone – seek professional legal guidance to avoid costly errors.

How a Construction Attorney Can Be Your Ace in the Hole

A seasoned construction lawyer can be your secret weapon in tackling mechanic's liens. They can help you understand your options, weigh the pros and cons of bonding off the lien, and handle all the legal legwork. Plus, they can negotiate with lien claimants to resolve the issue without going to court.


Tip: Look for a construction attorney who offers a free initial consultation to discuss your lien situation.

The Financial Implications of Bonding Around a Lien

Bonding around a mechanic's lien isn't free, but it can be worth its weight in gold. You'll need to put up a bond for 1.5 times the lien amount, which means you'll need some cash. However, this can be a smart financial move if you can continue your project or sell your property without delays.


Tip: Discuss the costs and benefits of bonding with your construction attorney to make an informed decision.

Protecting Your Property Rights in Construction Disputes

Your property rights are precious, and a mechanic's lien can put them at risk. By bonding around the lien, you're taking a proactive step to protect your interests. This can give you breathing room to resolve the underlying dispute without the pressure of a lien clouding your title.


Tip: Act quickly when you receive notice of a lien to protect your property rights and explore your options.

Alternative Dispute Resolution in Lien Cases

Sometimes, the best way to handle a lien is to nip it in the bud through alternative dispute resolution. Mediation or arbitration can be faster and less expensive than going to court. A construction attorney can help you explore these options and resolve the dispute before you even bond around the lien.


Tip: Consider mediation first before pursuing more aggressive legal action.

Staying Ahead of the Game: Preventive Measures

The best way to deal with mechanic's liens is to prevent them from happening in the first place. This means having solid contracts, keeping meticulous records, and staying on top of payments. A construction lawyer can help you set up systems to minimize your risk of facing liens in the future.


Tip: Regular check-ins with your construction attorney can help you spot potential lien issues before they become problems.

Frequently Asked Questions

  1. What is a mechanic's lien, and how does it work in Pennsylvania?

A mechanic's lien is a legal claim against a property by contractors or suppliers who haven't been paid for their work. Pennsylvania gives them a secured interest in the property until they're paid.

  1. How long does bonding around a mechanic's lien in Philadelphia take?

Depending on court schedules and the complexity of the case, the process typically takes a few weeks to a couple of months.

  1. Can I sell my property if there's a mechanic's lien?

It's possible but challenging. Bonding around the lien can make removing the lien from the property title easier.

  1. Do I need a construction lawyer to bond around a mechanic's lien?

While not required, having a construction attorney can significantly simplify the process and protect your interests.

  1. What happens if I ignore a mechanic's lien in Pennsylvania?

Ignoring a lien can lead to severe consequences, including forced property sales. It's always best to address liens promptly with legal assistance.

Work with a Construction Lawyer

Dealing with mechanic's liens can be challenging, but you don't have to go it alone. If you're facing a lien in Pennsylvania, consider contacting Davis Bucco & Makara. Their team of construction attorneys has the know-how to help you navigate the complexities of bonding around a mechanic's lien and protect your interests.


Remember, every construction project and lien situation is unique. What's your next move in handling your mechanic's lien challenge?


Experienced construction attorneys can protect your rights and interests as a contractor or buyer in Pennsylvania when unresolved issues arise. Reach out today to schedule your initial consultation at 610-238-0880