As a Pennsylvania property owner, should I file a Notice of Commencement?

Mechanic's Liens are governed by Title 49 of the Pennsylvania Consolidated Statutes.

In Pennsylvania, an owner may file an OPTIONAL Notice of Commencement with the Directory of General Services (DGS) registry. The purpose of filing the Notice of Commencement is to provide all the relevant information necessary for a subcontractor or supplier to file a Notice of Furnishing. 501.3.

Prior to the commencement of labor or the furnishing of materials for a searchable project that may give rise to a mechanics' lien under the mechanic's lien code, the searchable project owner or agent of the searchable project owner may file a Notice of Commencement with the directory. 501.3(a)(1). The contractor can also act as the owner's agent and file the Notice of Commencement if the contract provides. 501.3(a)(2).

Filing a Notice of Commencement triggers the requirement for a subcontractor or supplier on the job to serve you with a Notice of Furnishing within 45 days. 501.3(b)(1).

Section 501.3(a)(3) states that the Notice of Commencement must include the following information:
1) Name, street address, and e-mail address of the general contractor.
2) Name and location of the project.
3) County in which the project is located.
4) Legal description of the property, including all its tax-parcel identifying numbers.
5) Name, address, and e-mail address of the owner of the property and (if different) of the project.
6) If applicable, the name, address, and e-mail address of a surety for performance and payment bonds.

Upon receipt of a Notice of Commencement, the Directory will assign a unique identifying notice to it. 501.1(e)(1). Additionally, the Notice must be posted at the worksite and the owner must take reasonable steps during construction to ensure the notice remains posted and available for view. 501.3(a)(4). The project owner and contractor must also make reasonable efforts to ensure that a copy of the Notice of Commencement is included in all contract documents that are provided to subcontractors who awarded work on the project. 501.3(a)(5).

This article is provided for informational purposes only and is not intended to substitute for the advice of an attorney. If you have any questions about filing a Notice of Commencement or any other issue with Pennsylvania mechanic's liens, contact an attorney familiar with construction or lien law.

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