In Pennsylvania, the Notice to Contractor is used by property owners to defend against lien claims. The notice is especially useful when dealing with lien claims filed by a subcontractor working under a general contractor, because the owner may have no knowledge of their agreements.

Where a lien claim is filed by a subcontractor, the owner may give a written notice thereof to the contractor in the manner, and upon the giving of such notice the owner may avail himself of the remedies provided under the law. 49 P.S. 1506(b).

When the notice is served on the contractor, the undersigned is providing notice that unless the contractor, within thirty (30) days from service of the notice, settles, undertakes to defend, or secures against this claim, the owner may avail himself of remedies provided by Pennsylvania Law, including: 1) Paying the claim of the subcontractor, upon which payment the owner shall be subrogated to the rights of the subcontractor against the contractor together with any instrument or other collateral security held by the subcontractor for the payment thereof; or 2) Undertaking a defense against said claim in which case the contractor shall be liable to the owner for all costs, expenses and charges incurred in such defense, including reasonable attorneys' fees. 49 P.S. 1602.

The notice shall state: (1) the name of the subcontractor, the amount of the claim and the amount withheld, if any, by the owner; that unless the contractor within thirty (30) days from service of the notice settles, undertakes to defend, or secures against the claim as provided by section 603, and (2) the owner may avail himself of the remedies provided by section 604.3. 49 P.S. 1602(b).

The owner or his agent may deliver the notice to the contractor personally, or to the contractor's manager, executive or principal officer or other agent, or if none of these persons can be found, by sending a copy of the notice by first class, registered or certified mail to the contractor at his last known office address. 49 P.S. 1602(c).

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

This article is provided for informational purposes only and does not constitute legal advice. Contact an attorney with questions about the Notice to Contractor, or for any other issues related to mechanic's liens in Pennsylvania.

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