Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Pennsylvania
PA 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.
Prime/ Original / General Contractors (GCs): Prime contractors generally do not have a preliminary notice requirement for their direct contract claims.
Subcontractors/Trade Partners (Subs): Subcontractors should monitor whether a Notice of Commencement was filed and serve Notice of Furnishing within 45 days when required.
Second-tier Subcontractors: Second-tier parties should coordinate upstream project notice details and preserve filing confirmation.
Lower-tier Subcontractors: Lower-tier claimants should treat Notice of Furnishing deadlines as a project-start task on covered projects.
Material Suppliers: Suppliers should verify project value and commencement filings to preserve lien rights timely.
Equipment Lessors: Lessors should document first furnishing dates and serve notice when statutory triggers apply.
Second-tier Material Suppliers: Second-tier suppliers should confirm project enrollment details before notice deadlines run.
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 online lien-related information for construction project parcels—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.
- Adams County
- Allegheny County
- *Armstrong County
- *Beaver County
- *Bedford County
- *Berks County
- *Blair County
- Bradford County
- Bucks County
- Butler County
- Cambria County
- *Cameron County
- Carbon County
- Centre County
- Chester County
- *Clarion County
- Clearfield County
- Clinton County
- Columbia County
- Crawford County
- Cumberland County
- Dauphin County
- Delaware County
- *Elk County
- Erie County
- Fayette County
- *Forest County
- Franklin County
- *Fulton County
- Greene County
- Huntingdon County
- Indiana County
- *Jefferson County
- Juniata County
- *Lackawanna County
- Lancaster County
- Lawrence County
- Lebanon County
- Lehigh County
- Luzerne County
- Lycoming County
- *McKean County
- *Mercer County
- Mifflin County
- *Monroe County
- Montgomery County
- *Montour County
- Northampton County
- *Northumberland County
- *Perry County
- *Philadelphia County
- Pike County
- *Potter County
- Schuylkill County
- Snyder County
- Somerset County
- *Sullivan County
- Susquehanna County
- *Tioga County
- Union County
- *Venango County
- Warren County
- Washington County
- Wayne County
- Westmoreland County
- Wyoming County
- York County
Other important construction links in Pennsylvania
- Pennsylvania Mechanics' Lien Law of 1963 (as amended)
- Pennsylvania Public Works Contractors' Bond Law of 1967
- Pennsylvania Unified Judicial System (for lien filing locations and resources)
- Pennsylvania Department of Labor & Industry - Contractor Information
- Pennsylvania Construction Association (PCA)
- Pennsylvania Builders Association (PBA)
- Pennsylvania Office of the Attorney General - Consumer Protection (Construction Complaints)
Check out this ‘X’ list for Pennsylvania created by Prelien Pro!
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.
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