McVey v. Kaufmann

Citations

• 223 Pa. 125
• 72 A. 503
• 1909 Pa. LEXIS 490

Syllabus

<p>Mechanics’ liens — Subcontractors—Notice of intention to file — Contract — Act of June 4,1901, P. L. 431.</p> <p>1. Those who would enjoy the benefits of the mechanic’s lien act can do so only by complying with its requirements.</p> <p>2. A condition precedent to the right of a subcontractor to file a lien is that he has given to the owners of the building written notice of his intention to file it, together with a sworn statement setting forth the contract under which he claims, the amount alleged to be still due and how made up, the kind of labor or materials furnished and the date when the last work was done or materials were furnished.</p> <p>3. If a notice by a subcontractor of an intention to file a lien is defective, the owner does not by pleading to the scire facias on it, waive his right to make defense on the trial that a condition of the right to file the lien had not been complied with.</p> <p>4. Although notice of an intention to file a lien must be given by a subcontractor to the owner of the building before a valid lien can be filed, the notice forms no part of it. All that need appear on the face of the lien is “when and how notice was given.”</p> <p>5. Where a subcontractor notifies the owner of his intention to file a lien, he must set forth in his notice the contract between himself and the contractor.</p> <p>6. A mere statement in the notice that a contract existed without stating the date, or any of its terms, or whether it was written or oral, is insufficient.</p>