Pennsylvania mechanics lienDeadlines and how to file

How many days do you have to file a mechanics lien in Pennsylvania?

To perfect, file a claim with the prothonotary of the county within 6 months after completing the claimant's work, then serve written notice of the filing on the owner within 1 month (court, term, number and date) and file an affidavit of service within 20 days; failure is grounds to strike the claim. Claim amount must exceed $500.¹ Section 502(a), 301(a)

Do you need a preliminary notice in Pennsylvania?

A subcontractor's claim is valid only if the subcontractor gave the owner a formal written notice of intention to file at least 30 days before filing (stating claimant, contracting party, amount due, nature of work, completion date, property); not required if the claim is filed under a court rule to file. Service by first class, registered or certified mail, an adult as for a summons, or posting. On projects designated 'searchable' where an owner filed a notice of commencement, subs must also file a notice of furnishing in the state directory within 45 days after first work.¹ Mechanics' Lien Law of 1963, 49 P.S. 1101 et seq., sections 501(b.1)-(d), 501.3(b)

How long is a mechanics lien good for in Pennsylvania?

An action to obtain judgment must start within 2 years from filing the claim (unless the owner extends in writing), and a verdict or judgment must be obtained within 5 years of filing or the claim is lost (time for motions and appeals excluded).¹ Section 701(b), (d)

Who can file a mechanics lien in Pennsylvania?

A contractor (debt owed by the owner) or a subcontractor (debt owed by the contractor) for labor or materials in erecting, altering or repairing an improvement, if the claim exceeds $500. A subcontractor has no lien on a residential property of one or two units if the owner paid the contractor the full contract price. No lien for a purely public purpose.¹ Section 301(a), (b); 303(b)

Does a Pennsylvania lien claim have to be notarized?

No notarization or verification is required by the lien act's filing sections; the claim must state the claimant, owner, completion date, contracting party and notice dates, amount, and a description of the property.¹ Sections 502-503

What about public jobs in Pennsylvania?

Contracts over $5,000 for public work require a payment bond (financial security alternative over $10,000). A claimant unpaid 90 days after last labor or materials may sue on the bond; one without a direct contract with the prime contractor must give written notice by registered or certified mail within 90 days after last labor or materials.² Public Works Contractors' Bond Law of 1967, 8 P.S. 191 et seq., sections 3, 3.1, 4

How do you file a mechanics lien in Pennsylvania?

1. File the claim: due 6 months after you complete your work. Section 502(a), 301(a) Subcontractors must give the owner written notice of intention at least 30 days before filing.
2. Start the action: due 2 years after filing the claim. Section 701(b), (d)

Each line restates the statute cited next to it. Check the statute text before you file.