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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Pennsylvania

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Pennsylvania

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 code49 Pennsylvania Statute (P.S.) §§ 1101 et seq.
State portalhttps://www.pa.gov/dgs/state-construction-notices-directory
Prelien required for private / commercial projectsNo, but may be beneficial
Prelien required for public projectsNo
PA statutory reliefFull Price
Lien milestone eventLast furnishing/last invoice
Lien enforcement deadline1 to 3 years
Waivable lien rightsNo
Supplier to supplier rightsLikely No
Prelien document name(s)Notice of Furnishing
Prelien minimum informationName of claimant, description of labor or materials, date of first furnishing, and identification of the project.
Prelien minimum notificationsOwner, and for Notice of Furnishing, filed per project instructions per posted Notice of Commencement.
Prelien recording requirementNo
Prelien notarizedno

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.

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.

Other important construction links in Pennsylvania

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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