Pennsylvania mechanics lien law and deadlines
Under Pennsylvania's Mechanics' Lien Law of 1963, you file the claim with the prothonotary within 6 months after completing your work and serve the owner within 1 month after filing. Subcontractors also owe the owner a 30-day notice of intent, and suit is due within 2 years of filing.
Pennsylvania's mechanics lien statute is the Mechanics' Lien Law of 1963 (Act 497 of 1963). The core deadline is simple: file the claim with the prothonotary of the county court of common pleas within six months after completion of your work, then serve written notice of the filing on the owner within one month. Subcontractors must also give the owner a formal written notice of intention to file at least 30 days before filing. On large private projects with a posted Notice of Commencement, subs have one more step: a Notice of Furnishing within 45 days of first work. The claim must exceed $500.
| Step | Deadline or rule | Act 497 section |
|---|---|---|
| Minimum claim | More than $500 | § 301(a) |
| Notice of Furnishing (subs on searchable projects of $1.5 million or more, if a Notice of Commencement was filed and posted) | Within 45 days after first work or first delivery to the site | § 501.3(b) |
| Formal notice of intent to file (subcontractors) | At least 30 days before filing the claim | § 501(b.1) |
| File the claim | With the prothonotary within 6 months after completion of the claimant's work | § 502(a)(1) |
| Serve notice of filing on the owner | Within 1 month after filing; affidavit of service filed within 20 days after service | § 502(a)(2) |
| Start the action | Within 2 years from filing, unless the owner extends it in writing | § 701(b) |
| Verdict or judgment | Within 5 years from filing | § 701(d) |
| Public projects | No lien for a purely public purpose; payment bond under the Public Works Contractors' Bond Law | § 303(b) |
Who has lien rights in Pennsylvania
Only two kinds of claimants exist: a contractor and a subcontractor, as defined in § 201. Section 303(a) says no one else gets a lien, even if they furnished labor or materials. A contractor is anyone with a contract with the owner who builds, alters, or repairs the improvement, furnishes labor or superintendence, or supplies materials actually used. An architect or engineer counts as a contractor only if the contract with the owner covers superintending or supervising the construction, not just drawings.
A subcontractor is someone with a contract with the contractor, or with a sub that is in direct privity with the contractor. That cuts the chain at the third tier. A sub-sub-subcontractor, a supplier to a supplier, and an architect or engineer hired by a contractor or sub are all outside the statute. If you sit that far down, a lien is not your protection; payment terms and joint checks are.
Notices before filing
Pennsylvania does not require a general pre-job preliminary notice on every project. What it does require from every subcontractor is a formal notice of intention to file, given to the owner at least 30 days before the claim is filed (§ 501). The notice names the claimant and the party it contracted with, the amount due, the general nature of the work, the completion date, and a description of the property. It can go by first class, registered, or certified mail, by an adult in the manner of a writ of summons, or by posting on the improvement if neither works. Because the claim deadline is six months, a sub effectively has five months after completion to send the notice.
The second notice applies only to "searchable projects," defined in § 201 as projects costing at least $1,500,000. If the owner files a Notice of Commencement in the State Construction Notices Directory created by § 501.1 and posts it at the site, each subcontractor must file a Notice of Furnishing in the directory within 45 days after first working at or delivering to the job site. A sub that fails to substantially comply forfeits its lien right (§ 501.3(c)). It is a misdemeanor for anyone to pressure a sub not to file one (§ 501.6). Under Act 142 of 2014, which created these rules, they apply to projects commenced on or after the date the directory became operational, so check with the Department of General Services whether the directory covers your project and for its current filing instructions.
Filing, serving, and enforcing the claim
The claim goes to the prothonotary of the county where the improvement is located. Under § 503 it states whether you file as contractor or subcontractor, the owner's name and address, your completion date, the dates of the notices you gave, the amount due, and enough description to identify the property. Contractors on a lump-sum contract can describe the work generally; everyone else itemizes. "Completion of the work" in § 201 means your last labor or last delivery required by your own contract, so a return trip for work outside your contract scope does not fit that definition.
After filing, serve the owner within one month and file the affidavit of service within 20 days of service. Service is by an adult in the manner of a writ of summons, or by posting on the improvement if that fails. Missing either step is enough to strike the claim. Then the action to obtain judgment must be started within two years from filing, and a verdict or judgment must be entered within five years, or the claim is lost (§ 701).
Residential property rules
Residential work changes two things. First, § 301(b) takes away a subcontractor's lien on a single townhouse or a building of one or two dwelling units that is the owner's residence when the owner or tenant has already paid the full contract price to the contractor. Collect early on houses, because the owner's full payment to a GC who never pays you can wipe out your lien. Second, lien waivers work differently, as covered next. "Residential property" in § 201 is property with, or approved for, a residential building of not more than three stories, not counting the basement.
Lien waivers in Pennsylvania
Pennsylvania does not prescribe a statutory lien waiver form, but § 401 limits what a waiver can do. On residential property, a contractor or sub can waive lien rights in a signed writing. On nonresidential buildings, a contractor's waiver is void unless it is given in exchange for payment and only to the extent that payment is actually received. A subcontractor's waiver on a nonresidential job is likewise void except for payment received, unless the contractor has posted a bond guaranteeing payment to subs. Under § 403, a release covers only past work unless it clearly says it also waives future work.
Public projects use payment bonds
Section 303(b) bars a lien for labor or materials furnished for a purely public purpose. Instead, the Public Works Contractors' Bond Law of 1967 (Act 385) requires the prime contractor on covered public contracts to furnish a payment bond of 100 percent of the contract amount for the protection of those supplying labor or materials to the prime and its subs. Some Commonwealth agency contracts are governed by the bond provisions of the Commonwealth Procurement Code instead, so confirm which statute governs your job before you count days.
More for Pennsylvania contractors: Pennsylvania contractor licensing, Pennsylvania prompt payment, and Pennsylvania prevailing wage. Smart Business Automator records each job's completion date and open balance, so the five-month notice point and six-month filing date are visible on the AR screen; see construction accounts receivable automation.
Frequently asked questions
How long do I have to file a mechanics lien in Pennsylvania?
Six months after completion of your work. File the claim with the prothonotary of the county where the property is located, then serve notice of the filing on the owner within one month (Mechanics' Lien Law § 502).
Does Pennsylvania require a preliminary notice?
Not on every job. Subcontractors must give the owner a formal notice of intent at least 30 days before filing (§ 501). On projects of $1.5 million or more where the owner filed and posted a Notice of Commencement, subs must also file a Notice of Furnishing within 45 days of first work (§ 501.3).
Can a sub-subcontractor file a lien in Pennsylvania?
Only a sub in contract with a subcontractor that is itself in direct privity with the contractor. Lower tiers, and suppliers to suppliers, have no lien rights under § 201 and § 303(a).
Are lien waivers enforceable in Pennsylvania?
On residential property, yes, if signed in writing. On nonresidential buildings, a waiver is void except to the extent of payment actually received, unless the contractor posted a payment bond for subs (§ 401).
How long does a Pennsylvania mechanics lien last?
You must start an action within two years of filing (unless the owner extends it in writing) and obtain a verdict or judgment within five years of filing, or the claim is lost (§ 701).
Sources
- Pennsylvania General Assembly: Mechanics' Lien Law of 1963, Act 497 (PDF)
- Pennsylvania General Assembly: Public Works Contractors' Bond Law of 1967, Act 385 (PDF)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.