How do I file a mechanic's lien in Pennsylvania?

Pennsylvania's Mechanics' Lien Law of 1963 is at 49 P.S. §§ 1101-1902.

1. Who Can File

Contractors and subcontractors (which includes sub-subs and material suppliers to subs) who provide labor or materials for the erection, construction, alteration, or repair of an improvement (49 P.S. §§ 1201, 1301).

2. Preliminary / Pre-Lien Notice

For projects with costs of $1.5 million or more, subcontractors must file a Notice of Furnishing on the State Construction Notices Directory within 45 days of first performing work (49 P.S. § 1501.5). All subcontractors must serve a Formal Notice of Intention to File at least 30 days before filing the lien claim (49 P.S. § 1501).

3. Recording the Lien

File the Lien Claim in the prothonotary's office of the county where the property lies, within 6 months after the claimant's last day of work (49 P.S. § 1502). The claim must include claimant, owner, contractor, type and amount of work, location, dates of first and last performance, and a property description.

4. Service on Owner

Serve written notice of filing on the owner within 1 month after filing, with an affidavit of service filed within 20 days of service (49 P.S. § 1502(a)(2)).

5. Suit to Foreclose

Commence an action to obtain judgment on the lien within 2 years after filing (49 P.S. § 1701). Failure terminates the lien.

6. Priority

A lien takes effect as of the date of visible commencement of work on the ground, taking priority over subsequently recorded encumbrances (49 P.S. § 1508).

7. Bond Release

Owner may discharge the lien by posting a bond or paying into court in an amount approved by the court (typically 150% of the claim) (49 P.S. §§ 1510, 1701).

8. Homestead / Residential

For owner-occupied residential property where the owner paid the contractor in full, no subcontractor lien is permitted (49 P.S. § 1303(b)). Open-end mortgage proceeds used for construction also prime mechanic's liens (49 P.S. § 1508(c)).

9. Fraudulent Lien Penalties

Willful exaggeration voids the lien; courts may award damages, slander-of-title relief, and attorney's fees in egregious cases.

This is legal information, not legal advice.