Pennsylvania Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under 49 P.S. §1101 et seq. — Private Works, Notice of Furnishing & Public Project Bond Claims
Pennsylvania mechanic lien deadline table with toggles for project type and claimant type.
Pennsylvania Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record the Mechanic's Lien Claim with the prothonotary within 6 months after completion of the claimant's work. 49 P.S. §1301.
Commence an action to obtain judgment on the lien within 2 years of filing the lien claim. 49 P.S. §1701.
Preliminary Notice
Mechanic Lien
Record the Mechanic's Lien Claim with the prothonotary within 6 months after completion of the claimant's work. 49 P.S. §1301.
Enforcement
Commence an action to obtain judgment on the lien within 2 years of filing the lien claim. 49 P.S. §1701.
Pennsylvania Mechanic Lien Law Overview
Pennsylvania construction mechanic lien rights are governed by 49 P.S. §1101 et seq., known as the Mechanics' Mechanic Lien Law of 1963. This statutory framework provides mechanic's lien rights to contractors, subcontractors, and material suppliers who furnish labor or materials for the improvement of real property in the Commonwealth of Pennsylvania. The statute distinguishes between residential and commercial projects for preliminary notice purposes.
Pennsylvania requires a formal Notice of Furnishing for residential projects. Subcontractors and material suppliers who do not have a direct contract with the property owner must serve a Notice of Furnishing within 30 days of first furnishing labor or materials to a residential property. For commercial projects, no preliminary notice is required for general contractors, and subcontractors may file mechanic liens without preliminary notice in many cases.
All claimants must perfect their mechanic lien by filing a Claim of Mechanic Lien within 6 months of the completion of work on the project. Enforcement suits must be commenced within 2 years of the date the mechanic lien was filed. Pennsylvania's mechanic lien law provides strong protections for those who comply with its requirements, but strict adherence to deadlines is essential.
For public works projects, 8 P.S. §193 (the Public Works Contractors Bond Law) governs bond claims. Subcontractors and suppliers must provide written notice within 90 days of last furnishing, and suit must be filed between 60 days and 1 year after last furnishing. National Lien & Bond provides attorney-backed compliance and recovery services to help Pennsylvania construction professionals protect their payment rights.
Pennsylvania Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in Pennsylvania.
Pennsylvania's Mechanics' Lien Law (49 P.S. §1101 et seq.) requires all claimants to give the property owner at least 10 days' written notice of intention to file a lien before the lien is filed. The notice must describe the improvement and the amount claimed and must be served by certified mail on the owner. Failure to give this 10-day notice is a complete defense to the lien claim.
Additionally, subcontractors who do not have a direct contract with the property owner must serve written preliminary notice of their intent to perform services or furnish materials within 30 days of first furnishing. This notice must be served on the owner and must include the name of the party who hired the subcontractor and a general description of the work or materials. If no written preliminary notice is given within 30 days, the subcontractor cannot establish a valid lien claim. This requirement is unique to Pennsylvania and frequently affects out-of-state contractors.
Pennsylvania also has special rules for residential improvements: a lien may not generally be filed against an owner-occupied residential property by a subcontractor unless the lienor has a direct contractual relationship with the owner. All notices must be sent by certified mail, return receipt requested, addressed to the owner's last known address.
How to File a Mechanic Lien in Pennsylvania: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Give preliminary notice within 30 days (subcontractors): If you are a subcontractor or supplier without a direct contract with the owner, serve written notice of your intent to perform or furnish within 30 days of first furnishing (49 P.S. §1501). Serve by certified mail on the owner, including the name of the party who hired you and a description of the work.
- 2
Give 10-day notice of intent to file: At least 10 days before filing the lien, serve a written notice of intention to file a lien on the property owner. Include the amount claimed, a description of the improvement, and the legal description of the property (49 P.S. §1501).
- 3
Prepare the Claim: Prepare a Claim (49 P.S. §1301) identifying: (a) the parties; (b) the amount claimed; (c) the date of completion of the work; (d) a description of the improvement; and (e) the identity and location of the property.
- 4
File the Claim with the Court of Common Pleas: File the Claim with the Prothonotary of the Court of Common Pleas in the county where the property is located within 6 months of completion of your work.
- 5
Serve the Claim on the owner: The Claim must be served on the owner within 1 month of filing by the sheriff or by a competent adult (49 P.S. §1502).
- 6
File suit to enforce within 2 years: File a complaint in the Court of Common Pleas within 2 years of filing the Claim. The lien foreclosure action proceeds as a civil action in equity.
Topics on This Page
Pennsylvania Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Pennsylvania construction mechanic lien law.
Notice Requirements
Notice of Furnishing within 30 days for residential subcontractors/suppliers; no preliminary notice required for commercial general contractors
Mechanic Lien Deadlines
Claim of Mechanic Lien within 6 months of completion for all claimants under 49 P.S. §1101 et seq.
Mechanic Lien Enforcement Deadlines
Suit within 2 years of mechanic lien filing; public works bond claims between 60 days and 1 year after last furnishing
Frequently Asked Questions
What statute governs mechanic liens in Pennsylvania?
Mechanic's liens in Pennsylvania are governed by 49 P.S. §1101 et seq., known as the Mechanics' Mechanic Lien Law of 1963. Public works bond claims are governed by 8 P.S. §193.
Is a preliminary notice required to file a mechanic lien in Pennsylvania?
For commercial projects, no preliminary notice is required. For residential projects, subcontractors and suppliers must serve a Notice of Furnishing within 30 days of first furnishing labor or materials.
What is the deadline to file a mechanic lien in Pennsylvania?
All claimants must file a Claim of Mechanic Lien within 6 months of the completion of the project under 49 P.S. §1101 et seq.
How does Pennsylvania mechanic lien law differ for residential vs. commercial projects?
Pennsylvania requires a Notice of Furnishing within 30 days for subcontractors and suppliers on residential projects, while no preliminary notice is required for commercial projects. The mechanic lien filing and enforcement deadlines are the same for both project types.
What are the notice requirements for Pennsylvania public works bond claims?
Subcontractors and suppliers not in privity with the general contractor must provide written notice to the GC within 90 days of last furnishing. Suit must be filed between 60 days and 1 year after last furnishing.
What is the deadline to file suit to enforce a Pennsylvania construction mechanic lien?
Suit must be commenced within 2 years of the date the mechanic lien was filed. For public works bond claims, suit must be filed between 60 days and 1 year after last furnishing.