[CLC-Discussion] Utility Work

[Robert Doan]

Also, don't forget, if it is performed on public property as a condition to a permit for work on adjacent private property, the private property is subject to lien.

RD

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On Tue, Sep 13, 2016 at 2:24 PM -0400, "Reese J. Henderson, Jr." <Reese.Henderson at gray-robinson.com<mailto:Reese.Henderson at gray-robinson.com>> wrote:

Scott, there are a couple of possibilities (maybe more).  If the work is along a roadway, it may be within the state's right of way, meaning the owner is the state.  Alternatively, the work may be done within a utility easement, in which case the owner(s) would be the owners of the private parcels over which the easement runs.  I'm not sure of the efficacy of liening private property in this situation.  Have you checked to see if there is a payment bond in place?

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Scott Lehman
Sent: Tuesday, September 13, 2016 1:31 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Utility Work

Does anybody have experience or suggestions on how to lien for sitework performed on behalf of a utility company.  My client is a sub to a sub performing sitework (57 rock, sod, concrete, fencing, etc.) for a general contractor installing poles and connecting electrical lines on behalf of a power utility company.  I am advised by my client that the work is performed without the recording of a Notice of Commencement.  As a result, it is very difficult to determine the Owner and/or the legal description of the property that has been improved.

The collective insight of this very bright group is greatly appreciated.

Regards,
Scott

Scott D. Lehman, Esquire
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