Pennsylvania Preliminary Notice Requirements for Subcontractors

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

Preliminary notice by subcontractors is a required step to obtaining any lien. Notice also provides the owner with information regarding who is working on the property and to what extent they may claim a lien.

As with most other states, the mechanic's lien law in Pennsylvania requires subcontractors to serve preliminary notice on the property owner or general contractor unless the parties are under a direct contract. According to Section 501, no claim by a subcontractor, whether for erection or construction or for alterations or repairs, shall be valid unless, at least thirty (30) days before the filing, he shall have given to the owner a formal written notice of his intention to file a claim. 49 P.S. 501(c). The formal notice must state: (1) the name of the party claimant; (2) the name of the person with whom he contracted; (3) the amount claimed to be due; (4) the general nature and character of the labor or materials furnished; (5) the date of completion of the work for which his claim is made; (6) a brief description sufficient to identify the property claimed to be subject to the lien. Id.

The notice does not have to be verified or notarized, but the claimant or an authorized representative must sign it. There is no requirement to record the Notice either. It's advisable, however, to keep a copy, and deliver the original notice via USPS certified mail with delivery confirmation, to verify with the court or anyone else that notice was provided.

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

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