Understanding Preliminary Notices in Pennsylvania Commercial Construction
If you work in commercial construction in Pennsylvania, you have likely encountered the term "preliminary notice" and wondered what it means for your right to get paid. A preliminary notice is a formal written communication that establishes participation on a project and preserves future lien rights. Pennsylvania’s preliminary notice landscape changed significantly with the 2007 amendments to the Mechanics’ Lien Law of 1963 (49 P.S. § 1101 et seq.), which removed the old preliminary notice requirement for subcontractors on alteration or repair projects. Act 142 of 2014 created the State Construction Notices Directory and introduced new notice procedures for qualifying projects effective December 31, 2016. Understanding these requirements can mean the difference between protecting your payment rights and losing them entirely.
If you have questions about preliminary notice requirements or need guidance protecting your lien rights, Davis Bucco & Makara can help. Call 610-238-0880 or reach out online to speak with our team.
How the 2007 Amendments Changed PA Construction Lien Notice
Pennsylvania’s construction notice framework looks very different today than it did before the 2007 amendments to the Mechanics’ Lien Law. The legislature made several sweeping changes affecting how contractors and subcontractors protect their payment rights on commercial projects. Most significantly, the state removed the preliminary notice requirement that previously required subcontractors on alteration or repair projects to provide written notice to the property owner before completing work. This eliminated a procedural trap that often caught subcontractors off guard.
Key Changes Under the 2007 Amendments
The amendments went beyond removing the old preliminary notice rule. The legislature extended a claimant’s time to file a mechanics lien from four months to six months after completion of work. Additionally, lien rights expanded beyond prime contractors and first-tier subcontractors to include sub-subcontractors and suppliers to subcontractors in commercial construction. These changes recognized the realities of modern project structures with multiple tiers of subcontractors. Subcontractors must still provide formal written notice to the property owner of their intent to file a lien claim at least 30 days before filing, effectively reducing their actionable window to five months.
💡 Pro Tip: Even though the old preliminary notice requirement for alteration or repair projects was removed in 2007, you must still comply with the State Construction Notices Directory requirements on qualifying projects. Failing to file a required Notice of Furnishing when a Notice of Commencement has been filed can result in forfeiture of your lien rights.
The State Construction Notices Directory and Who Must Use It
Pennsylvania’s State Construction Notices Directory is available for private commercial projects costing $1.5 million or more, giving project owners the option to register their project and trigger additional notice requirements for subcontractors. This directory, created by Act 142 of 2014 and launched on December 31, 2016, established a structured notification system separate from the 2007 amendments. This system applies to private projects only; public projects in Pennsylvania cannot be liened.
Notice of Commencement
Project owners or their agents may file a Notice of Commencement before work starts on a qualifying project, but filing is optional. Once filed, it puts all project participants on notice that the directory system applies. Subcontractors and suppliers must then comply with notice obligations under the directory framework or risk forfeiting their lien rights.
Notice of Furnishing
Subcontractors must file a Notice of Furnishing within 45 days after starting work or delivering materials, provided a Notice of Commencement has been filed. This notice functions as the modern equivalent of the old preliminary notice for subcontractors on large commercial projects. General contractors with a direct contract with the owner are not required to file a Notice of Furnishing. You can file a construction notice of furnishing through the Pennsylvania Department of General Services. Failure to substantially comply with this filing requirement when a Notice of Commencement is on file can forfeit your right to file a mechanics lien.
💡 Pro Tip: Set a calendar reminder the day you first deliver materials or begin work on a project. The 45-day window for filing a Notice of Furnishing can pass quickly during a busy project schedule, and missing it can result in the loss of your lien rights.
Notice of Completion and Nonpayment
Within 45 days after finishing work, the project owner may file a Notice of Completion through the directory for informational purposes. This filing is optional and does not directly affect lien rights. Subcontractors who have not been paid can also file a Notice of Nonpayment through the directory, which is likewise informational and does not replace any statutory lien filing requirements. While these optional directory filings do not substitute for formal requirements under the Mechanics’ Lien Law of 1963, they create a paper trail that can strengthen your case.
| Notice Type | Who Files | When to File |
|---|---|---|
| Notice of Commencement | Project owner or agent (optional) | Before work starts |
| Notice of Furnishing | Subcontractors (mandatory if Notice of Commencement filed) | Within 45 days of starting work or delivering materials |
| Notice of Completion | Project owner (optional, informational) | Within 45 days after finishing work |
| Notice of Nonpayment | Unpaid subcontractors (optional, informational) | After nonpayment occurs |
Lien Waivers and Payment Bonds: What Contractors Should Know
On non-residential projects, blanket "No Lien" waivers are prohibited as against public policy in Pennsylvania unless a payment bond is in place assuring payment. This is a critical protection for contractors and subcontractors working on commercial projects. Before the 2007 changes, project owners could require contractors to waive all lien rights upfront, leaving them with no security if payment disputes arose.
On non-residential projects without a payment bond, only partial lien waivers can be obtained, and only to the extent that the cost of the work covered by the waiver has been paid. Never sign a blanket lien waiver on a commercial project unless you have confirmed that a valid payment bond backs the project. Understanding how lien releases work can help you evaluate what you are being asked to sign.
💡 Pro Tip: Before signing any lien waiver, verify whether a payment bond exists on the project. Request a copy of the bond and confirm its terms with your attorney. A partial waiver tied to actual payments received is generally permissible, but a blanket waiver without a bond on a non-residential project may be unenforceable.
How a Commercial Construction Lawyer in Conshohocken Can Protect Your Rights
Working with a commercial construction lawyer in Conshohocken gives you a strategic advantage when navigating Pennsylvania’s notice and lien requirements. Construction law in Pennsylvania involves overlapping statutory frameworks, including the Mechanics’ Lien Law of 1963 (49 P.S. § 1101 et seq.) for substantive lien rights and Pennsylvania Code Title 231, Chapter 1650 for procedural rules governing how lien claims move through the courts.
Firms located in Conshohocken offer a geographic advantage for contractors working across Montgomery County and the Philadelphia metro area. Having a construction law Pennsylvania attorney familiar with both local court procedures and statewide statutory requirements can streamline your approach. Whether you are a GC managing multiple subcontractor relationships or a sub preserving lien rights, the six-month filing window after completion closes faster than expected.
Prompt Payment Rules on Public Projects
While public projects in Pennsylvania cannot be liened, contractors on government work still have important payment protections. Under Pennsylvania’s Contractor and Subcontractor Payment Act (CASPA), a contractor must pay its subcontractors the full or proportional amount received for each subcontractor’s work and materials within 14 days after receipt of a progress payment. CASPA applies only to private construction projects. On public works projects, prompt payment protections are governed by the Pennsylvania Prompt Payment Act (62 Pa.C.S. §§ 3931-3939).
Understanding the difference between your remedies on private versus public projects is essential. On private commercial projects, the mechanics lien is your primary security interest. On public projects, bond claims and the Pennsylvania Prompt Payment Act serve that function instead. For more on lien fundamentals, review our guide on mechanics liens in Pennsylvania.
💡 Pro Tip: Keep detailed daily logs and payment records on every project. Whether you pursue a lien on a private job or a bond claim on a public one, contemporaneous documentation will form the backbone of your claim.
Frequently Asked Questions
1. Does Pennsylvania still require a preliminary notice before filing a mechanics lien?
No. The 2007 amendments removed the old preliminary notice requirement for subcontractors on alteration or repair projects. However, for projects costing $1.5 million or more where a Notice of Commencement has been filed, subcontractors must file a Notice of Furnishing within 45 days of starting work through the State Construction Notices Directory. Additionally, subcontractors must provide formal written notice to the owner of their intent to file a lien at least 30 days before filing.
2. Can a property owner require me to waive all my lien rights on a project?
Generally, no, on non-residential projects. Blanket "No Lien" waivers are prohibited on non-residential projects unless a payment bond is in place assuring payment. Without a bond, only partial lien waivers tied to amounts actually paid may be obtained.
3. How long do I have to file a mechanics lien in Pennsylvania?
You generally have six months after completion of your work to file a mechanics lien claim. However, subcontractors must provide the property owner with formal written notice of intent to file a lien at least 30 days before filing, effectively reducing their actionable window to five months. Consult an attorney well before the window closes.
4. Do these lien rules apply to public construction projects?
No. Pennsylvania’s mechanics lien provisions apply to private projects only. Contractors on public projects may instead pursue bond claims under the Public Works Contractors’ Bond Law of 1967 and rely on the Pennsylvania Prompt Payment Act (62 Pa.C.S. §§ 3931-3939), which governs prompt payment on public works projects.
5. Who can file a mechanics lien on a commercial project in Pennsylvania?
The 2007 amendments expanded lien rights beyond prime contractors and first-tier subcontractors to include sub-subcontractors and suppliers to subcontractors on commercial construction projects. The specific scope of your lien rights may depend on your contractual tier and the nature of the project.
Protecting Your Payment Rights Starts With the Right Notice
Pennsylvania’s preliminary notice and lien framework gives contractors, subcontractors, and suppliers real tools to protect their right to payment on commercial projects. From filing a Notice of Furnishing within 45 days to understanding that blanket lien waivers on non-residential projects without a payment bond are unenforceable, each step matters. Missing any deadline or signing the wrong waiver can jeopardize your ability to collect what you are owed.
If you are a contractor or subcontractor working in Conshohocken, Montgomery County, or the greater Philadelphia area and need help navigating Pennsylvania’s construction notice and lien requirements, Davis Bucco & Makara is ready to assist. Call 610-238-0880 or contact us today to discuss your situation.