Mechanics Lien Filing Package — Pennsylvania

Mechanics Lien Filing Package (Pennsylvania)

Quick-Reference Summary

Part A — Pre-Lien Notice (Pennsylvania Formal Notice of Intent, 49 P.S. § 1501)

A.1 Recipients

For subcontractors and sub-subcontractors filing a claim:

• The owner (or owner's authorized agent).

Original contractors are NOT required to give § 1501 notice but should still confirm SCND obligations (below) and review any Stipulation Against Liens.

A.2 Required Content (49 P.S. § 1501(c))

The formal notice must state:

1. The name of the party claimant.
2. The name of the person with whom the claimant contracted (the hiring party).
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 the claim is made.
6. A brief description sufficient to identify the property claimed to be subject to the lien.

FORMAL NOTICE OF INTENT TO FILE MECHANICS' LIEN CLAIM
(49 P.S. § 1501)

To:  [Owner name and address]

You are hereby notified that, unless the amount stated below is paid
in full within thirty (30) days from the date of service of this
notice, the undersigned will file a mechanic's lien claim against the
property described below pursuant to the Mechanics' Lien Law of 1963,
49 P.S. §§ 1101 et seq.

1. Name of party claimant:
   [_________________________________________________________]
   Address: [____________________________________________________]

2. Name of person with whom claimant contracted (hiring party):
   [_________________________________________________________]

3. Amount claimed to be due:
   $ [____________]

4. General nature and character of the labor and/or materials furnished:
   [_________________________________________________________]

5. Date of completion of the work for which the claim is made:
   [__/__/____]

6. Description of the property:
   Street address: [____________________________________________________]
   County: [____________________]
   Parcel / Tax ID: [____________]
   Brief legal description: [_______________________________________________]

Date: [__/__/____]
Signature: [____________________]
Print name and title: [____________________]

A.3 Service Method (49 P.S. § 1501(d))

Service of the formal notice may be effected by:

• First class, registered, or certified mail on the owner or the owner's agent;
• Personal service by an adult in the same manner as a writ of summons in assumpsit (i.e., Pa. R.C.P. 402 service);
• If service cannot be effected by the above, by posting on a conspicuous public part of the improvement.

A.4 SCND Notice of Furnishing (49 P.S. § 1201.2) — Projects > $1.5 Million

If the searchable owner has filed a Notice of Commencement in the State Construction Notices Directory (SCND) for a project where the total contract price is $1,500,000 or more, every potential claimant (other than the contractor) MUST file a Notice of Furnishing in the SCND within 45 days of first furnishing labor or materials. Failure to file is fatal to lien rights on that project.

SCND filing: https://www.scnd.pa.gov

A.5 Deadline Calculation

• The § 1501 formal notice must be served at least 30 days before filing the claim with the prothonotary. The 30 days run from the date of service (mailing).
• Best practice: serve the formal notice at least 35–40 days before the 6-month filing deadline to allow margin.

Part B — Mechanics' Lien Claim (49 P.S. § 1503)

Caption / Header

The lien claim is filed with the Office of the Prothonotary of the Court of Common Pleas of the county where the property is located. § 1502(a). The claim is captioned with the court caption for the county.

COURT OF COMMON PLEAS OF [____________________] COUNTY,
PENNSYLVANIA
[__________] DIVISION

No.: [____________]

MECHANICS' LIEN CLAIM (49 P.S. §§ 1502, 1503)

I. Claimant Identification (§ 1503(1))

Claimant: [_________________________________________________________]
Mailing address: [____________________________________________________]
Whether claimant is contractor or subcontractor: [____________________]
Pennsylvania license / registration (HIC, if applicable): [____________]

II. Owner Identification (§ 1503(2))

Name of the owner or reputed owner of the property at the time the work was performed: [________________________________________________]
Mailing address: [____________________________________________________]

III. Hiring Party Identification (§ 1503(3))

Name of the party with whom the claimant contracted (if other than the owner): [________________________________________________]

IV. Description of Improvement and Labor / Materials (§ 1503(4))

Nature and character of the labor or materials furnished:

[_______________________________________________________________________
_______________________________________________________________________]

Description of the improvement (new construction / alterations / repairs / addition / demolition):

[____________________________________________________________]

V. Amount Claimed (§ 1503(5))

VI. Dates of Completion (§ 1503(6))

Date when claimant's work was completed (last day of furnishing): [__/__/____]

Date when claimant's work commenced (first day of furnishing): [__/__/____]

VII. Property Description (§ 1503(7))

Street address: [____________________________________________________]
City / Township: [____________________________________________________]
County: [____________________]
Parcel / Tax Map No.: [____________]
Legal description / metes and bounds (attach Exhibit A if lengthy):

[_______________________________________________________________________
_______________________________________________________________________]

VIII. Notice Compliance Statement

The undersigned claimant served the formal Notice of Intent required by 49 P.S. § 1501 on the owner on [__/__/____] by [first class / certified mail RRR / personal service]. At least 30 days have elapsed between the date of service and the date of this filing. Proof of service is attached as Exhibit B. [If applicable: A Notice of Furnishing was filed in the State Construction Notices Directory on [__/__/____] under SCND No. [____________].]

IX. Verification (Pa. R.C.P. 1024)

I verify that the statements made in this Mechanics' Lien Claim are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities.

Signature: [_________________________________________________________]
Print name and title: [_______________________________________________]
Date: [__/__/____]

Part C — Notice of Filing of Claim Served on Owner (49 P.S. § 1502(a)(2), (b))

After filing the claim with the prothonotary, the claimant must, within one (1) month of filing, serve written notice of the filing on the owner. Within 20 days after service, the claimant must file with the prothonotary an affidavit of service stating the date and manner of service.

C.1 Method of Service (49 P.S. § 1502(c))

Service must be in the same manner as a writ of summons in assumpsit (Pa. R.C.P. 402: personal service by the sheriff or, alternately, certified mail or competent adult under the rules). If reasonable efforts at personal service fail, service may be by posting upon a conspicuous part of the improvement together with mailing under the rules.

C.2 Notice Form

WRITTEN NOTICE OF FILING OF MECHANICS' LIEN CLAIM
(49 P.S. § 1502(a)(2))

In the Court of Common Pleas of [____________________] County, Pennsylvania
[__________] Division          No.: [____________]

[Claimant], Claimant
   v.
[Owner; Contractor], Defendants

To:  [Owner name and address]

PLEASE TAKE NOTICE that on [__/__/____] the undersigned claimant
filed a Mechanics' Lien Claim against the real property described
therein at the above-numbered docket of the Court of Common Pleas of
[____________________] County, Pennsylvania. The amount of the claim is
$[____________]. A copy of the filed claim is attached.

A civil action to obtain judgment upon the claim must be commenced
within two (2) years of the filing (49 P.S. § 1701(b)).

Date: [__/__/____]
Signature: [____________________]
Print name and title: [____________________]

C.3 Affidavit of Service (49 P.S. § 1502(b))

AFFIDAVIT OF SERVICE OF NOTICE OF FILING
(49 P.S. § 1502(b))

I, [____________________], being duly sworn, depose and state:

1. I am over the age of 18 and not a party to this action.
2. On [__/__/____], I served the Written Notice of Filing of
   Mechanics' Lien Claim, together with a copy of the claim, on
   [Owner name] at [address] by [personal delivery / certified mail
   return receipt requested].
3. A true copy of the proof of service / return receipt is attached.

I declare under penalty of 18 Pa. C.S. § 4904 that the foregoing is
true and correct.

Date: [__/__/____]   Signature: [____________________]

Part D — Civil Action to Obtain Judgment Upon Claim (49 P.S. § 1701)

D.1 Caption

COURT OF COMMON PLEAS OF [____________________] COUNTY,
PENNSYLVANIA
CIVIL DIVISION

No.: [____________]  (related to Mechanics' Lien Claim Docket No. [____________])

COMPLAINT TO OBTAIN JUDGMENT UPON MECHANICS' LIEN CLAIM

D.2 Jurisdiction and Venue

The Court of Common Pleas has subject-matter jurisdiction under 42 Pa. C.S. § 931. Venue is mandatory in [____________________] County under Pa. R.C.P. 1006 because the real property is located in this County.

D.3 Lis Pendens

A lis pendens is automatic upon docketing of the civil action under § 1701 (no separate filing required for the lien-claim docket itself); however, recording a notice of pendency under 42 Pa. C.S. § 5524 best practice may be considered to bind purchasers searching the real-estate index.

D.4 Necessary and Permissive Defendants

• Necessary: the owner of record; any contractor in privity with the owner (if claimant is a subcontractor); any other lien-claimant whose lien attaches to the same property.
• Permissive: mortgagees of record; judgment-lien creditors; tenants of record; the surety on any lien-discharge bond posted under § 1510.

D.5 Foreclosure Deadline Statement (§ 1701(b))

Plaintiff filed its Mechanics' Lien Claim at Docket No. [____________] on [__/__/____]. This civil action is commenced within two (2) years of filing, as required by 49 P.S. § 1701(b). Failure to commence the action within the two-year period results in the lien being wholly lost (§ 1701(b)).

D.6 Relief Requested

1. Judgment upon the Mechanics' Lien Claim in the amount of $[____________], plus contractual and statutory interest.
2. Order directing sale of the subject property to satisfy the judgment.
3. Personal judgment against the hiring party for breach of contract.
4. Costs of suit; attorney's fees if and to the extent provided by contract or by separate statute.

Part E — Pre-Filing Checklist

☐ Claimant's tier confirmed (original contractor / first-tier sub / sub-subcontractor / supplier). Third-tier subs and equipment lessors have NO lien rights in PA.
☐ Stipulation Against Liens search performed at the prothonotary (residential projects, bonded projects) — if filed before commencement, sub liens are barred.
☐ Project value evaluated — if > $1.5M, search SCND for a recorded Notice of Commencement; if filed, Notice of Furnishing must be filed within 45 days of first furnishing.
☐ Contract, change orders, purchase orders, invoices, statements gathered and reconciled.
☐ Daily logs, delivery tickets, photographs, time sheets preserved.
☐ Current record owner verified from county recorder of deeds (NOT just hiring party's representation).
☐ Last day of furnishing confirmed against jobsite records (NOT punch-list / corrective / warranty visits).
☐ § 1501 formal Notice of Intent prepared with all 6 required content elements (subcontractors only).
☐ § 1501 notice served on owner by first class / certified mail / sheriff service / posting, at least 30 days before filing the claim. Service proof retained.
☐ Claim drafted to verbatim § 1503 content; property described by legal description and parcel ID.
☐ Claim amount audited; offsets and credits applied.
☐ Claim verified under Pa. R.C.P. 1024 / 18 Pa. C.S. § 4904.
☐ Claim filed with the Prothonotary of Court of Common Pleas in the county where the property is located within 6 months of last furnishing; docket number diaried.
☐ § 1502(a)(2) written Notice of Filing served on the owner within 1 month of filing (sheriff / certified mail / posting).
☐ § 1502(b) affidavit of service filed with the prothonotary within 20 days of service.
☐ § 1701 two-year civil-action deadline calendared from date of claim filing.
☐ Complaint and discovery plan prepared in advance of the 2-year deadline.
☐ Payment-bond search performed; surety identified if Stipulation Against Liens was filed in reliance on bond.
☐ Lien-release / partial-release form prepared in escrow for settlement; § 1510 discharge-bond option evaluated for negotiation leverage.

Sources and References

• Mechanics' Lien Law of 1963 (full text PDF, PA General Assembly): https://www.legis.state.pa.us/WU01/LI/LI/US/PDF/1963/0/0497..PDF
• 49 P.S. § 1501 (Formal Notice by Subcontractor): https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1963&sessInd=0&smthLwInd=0&act=0497&chpt=0&sctn=501&subsctn=0
• 49 P.S. § 1502 (Filing and Notice of Filing): https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1963&sessInd=0&smthLwInd=0&act=0497&chpt=0&sctn=502&subsctn=0
• 49 P.S. § 1503 (Contents of Claim): https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1963&sessInd=0&smthLwInd=0&act=0497&chpt=0&sctn=503&subsctn=0
• 49 P.S. § 1701 (Civil Action): https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1963&sessInd=0&smthLwInd=0&act=0497&chpt=0&sctn=701&subsctn=0
• State Construction Notices Directory (SCND): https://www.scnd.pa.gov
• Pennsylvania Attorney General — Home Improvement Consumer Protection Act (HIC registration): https://www.attorneygeneral.gov/protect-yourself/hicpa/
• Pennsylvania County Prothonotaries Association (county filing fees): https://www.padecra.org