Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Pennsylvania
Pennsylvania
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Pennsylvania Quick Overview
| Pursuant Code | 49 Pennsylvania Statute (P.S.) §§ 1101 et seq. | |
| State Portal | https://www.pa.gov/dgs/state-construction-notices-directory | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| PA Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice of Furnishing | |
| Prelien Minimum Information | Name of claimant, description of labor or materials, date of first furnishing, and identification of the project. | |
| Prelien Minimum Notifications | Owner, and for Notice of Furnishing, filed per project instructions per posted Notice of Commencement. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Pennsylvania by Role
Prime contractors are not required to serve preliminary notice. If the Owner files a Notice of Commencement (for projects valued over $1.5 million), subcontractors and suppliers must serve a Notice of Furnishing within 45 days of first furnishing, or they forfeit lien rights.
Mechanic's Liens in Pennsylvania
In Pennsylvania, contractors and subcontractors must file a claim with the court of common pleas in the county where the property is located within six (6) months after the last performance of labor or furnishing of materials. A subcontractor must also serve a formal written notice of the lien claim upon the property owner within one (1) month after filing the claim. Enforcement of the lien must occur within two (2) years from the date of filing.
Bond Claims in Pennsylvania
For public projects in Pennsylvania, claimants typically must serve written notice of their bond claim to the surety and/or contracting public entity within 90 days after the claimant last performed work or supplied materials. Public project claims are governed by the Pennsylvania Public Works Contractors' Bond Law of 1967, which requires suit against the bond be brought within one (1) year after the claimant last provided labor or materials.
Construction Lien Waivers in Pennsylvania
Required Format: Pennsylvania does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Pennsylvania does not require waivers to be notarized.
Waivers are not standardized by statute and must be contractually negotiated. Conditional or unconditional waivers are typically used at payment milestones, but no statutory forms are mandated.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Pennsylvania counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Pennsylvania
Frequently Asked Questions (FAQs) on Pennsylvania Lien Processes for Contractors
Is a preliminary notice required to preserve lien rights in Pennsylvania?
No, Pennsylvania does not generally require preliminary notice for contractors or subcontractors to secure lien rights on private projects.
When must a mechanics lien be filed in Pennsylvania?
A mechanics lien must be filed within six (6) months after the claimant's last work on the project.
Who must be notified after filing a lien in Pennsylvania?
Subcontractors must serve a copy of the filed lien claim upon the property owner within one (1) month after filing.
What is the deadline to enforce a mechanics lien once filed?
The lien must be enforced by filing a lawsuit within two (2) years after the lien was filed.
Are bond claims required on public works projects in Pennsylvania?
Yes, on public projects, bond claims must be made by sending notice within 90 days of last furnishing labor or materials, and lawsuits must be filed within one (1) year thereafter.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
