We may have missed the filing deadline for the Mechanics Lien that we planned on filing in Pennsylvania. We shipped multiple orders to this job site. The last time we delivered was on 12/23/20. We sent the Preliminary Notice, the Notice of Intent to Lein, and we created the Mechanics Lien but did not file the paperwork. Can we still file?
No, Pennsylvania rigidly applies the six month filing deadline for Mechanic's liens:
https://www.levelset.com/mechanics-lien/pennsylvania-lien-law-faqs/#:~:text=The%20deadline%20to%20file%20a%20Pennsylvania%20mechanics%20lien%20claim%20is,deadline%2C%20and%20is%20strictly%20enforced.
If you have a clear entitlement to be paid for materials furnished and/or services provided, you should at least consider filing a lawsuit. The Contractor and Subcontractor Payment Act ("CASPA") was enacted to assist unpaid contractors and material suppliers by allowing eligible plaintiffs to collect attorney's fees, costs of suit, plus statutory interest. You should probably discuss this matter with an attorney who understands Pennsylvania construction law before walking away from the debt.
Colin Schmitt