Pennsylvania Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Pennsylvania liens are filed and enforced
A Pennsylvania mechanics lien is filed with the Court of Common Pleas (Prothonotary) in the county where the project sits — 6 months from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Pennsylvania claimants lose rights far more often by missing the second one than the first.
Pennsylvania deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 30 days from first furnishing (49 P.S. § 1401); Record the lien — 6 months from last furnishing (49 P.S. § 1502); file suit — 2 years from lien recorded (49 P.S. § 1701); bond notice — 90 days from last furnishing (62 Pa. C.S. § 3931); file suit — 1 years from last furnishing (62 Pa. C.S. § 3935); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 6 months from last furnishing (49 P.S. § 1502). For design professionals: Record the lien — 6 months from last furnishing (49 P.S. § 1201(1)). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Pennsylvania
Subs not in direct contract with owner must serve written notice within 30 days of first furnishing to preserve lien rights. File claim of lien within 6 months of last furnishing. Must include itemized statement. File claim of lien within 6 months of last furnishing. Must serve owner within 1 month of filing. File suit to enforce lien within 2 years of filing. Written notice within 90 days of last furnishing. Bond required on public contracts over $5,000. File suit on payment bond within 1 year of last furnishing. No sooner than 90 days, no later than 1 year. Prime must pay sub within 14 days of receiving payment from owner (PA Contractor and Subcontractor Payment Act). Interest at 1%/month on late payments after written demand.
How Pennsylvania notices must be served
Pennsylvania requires formal notice — Subs must file Formal Notice. Accepted delivery for the notices tracked here: Written notice. Service runs to the Owner. Keep the proof of service in the project file — Pennsylvania disputes over whether a notice was properly served are decided on that documentation.
Public projects in Pennsylvania
No lien attaches to public property in Pennsylvania. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (62 Pa. C.S. § 3931). 4 public-project deadlines are tracked for Pennsylvania.
Pennsylvania statute citations
The Pennsylvania deadlines above come from 49 P.S. § 1401, 49 P.S. § 1502, 49 P.S. § 1701, 62 Pa. C.S. § 3931, 62 Pa. C.S. § 3935, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), 73 P.S. § 505, 73 P.S. § 509, 49 P.S. § 1201(1). Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Pennsylvania construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Pennsylvania?
6 months — From last date of furnishing. The filing goes to the Court of Common Pleas (Prothonotary) in the project's county. See 49 P.S. § 1502. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Pennsylvania?
With the Court of Common Pleas (Prothonotary) in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Pennsylvania require a preliminary notice?
Yes — Formal notice. Subs must file Formal Notice. Accepted service includes Written notice.
How long do you have to enforce a Pennsylvania mechanics lien?
2 years — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in Pennsylvania?
Retainage released within 30 days of substantial completion. 10% maximum retainage. (73 P.S. § 509).