Pennsylvania

Pennsylvania mechanics’ lien deadlines

Statutory summary — attorney verification in progress. Confirm before relying on any date.

Filing deadline

Contractors and subs alike file the claim with the Prothonotary of the Court of Common Pleas of each county holding the project within 6 months after completing their own work. Strictly enforced - courts cannot extend the period or accept substantial compliance, and returning after a long gap to do token work does not revive rights. Claims under $500 are not lienable; single contracts covering multiple separate improvements must be apportioned into separate claims.

Notice prerequisites

No universal pre-work notice, but two subcontractor traps: (1) on 'searchable projects' ($1.5M+ cost) where the owner filed a Notice of Commencement in the online State Construction Notices Directory, a sub must file a Notice of Furnishing in the Directory within 45 days of first work/materials or forfeits all lien rights; (2) every subcontractor must serve the owner a Formal Notice of Intention to file a claim at least 30 days before filing the lien, stating the parties, amount, work, completion date and property.

Service on the owner

After filing, serve a written Notice of Filing of a Claim on the owner within 1 month (sheriff service as for a summons in assumpsit, or posting on the improvement if that fails), and file an Affidavit of Service with the court within 20 days of service. Missing either step is grounds to strike the lien, even if the sheriff caused the delay.

Enforcement

Complaint to obtain judgment on the lien within 2 years of filing the claim, and the action must be pushed to verdict within 5 years. The owner can force the pace: a rule to file the claim within 30 days after a sub's work completes, or a rule to file the complaint within 20 days, each forfeiting rights if ignored.

49 P.S. sec. 1101 et seq. (esp. 1201, 1301, 1303, 1401-1402, 1501-1502, 1510); Contractor and Subcontractor Payment Act, 73 P.S. sec. 501 et seq.

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