Pennsylvania Notice of Intent Overview
Notice of Intent Requirement
Notice of Intent Deadline
Notice of Intent Requirement
Notice of Intent Deadline
Pennsylvania is one of only 10 states which require a Notice of Intent to Lien. However, not everyone has to send the notice in orde to preserve their lien rights. Rather, under § 1501 of Pennsylvania’s mechanics lien statute, parties hired by someone other than the owner will need to send a Notice of Intent to Lien.
A Notice of Intent to Lien is a powerful recovery tool in any state. But, because it’s a required part of the PA mechanics lien process, a Pennsylvania Notice of Intent to Lien tends to carry a little more weight as a payment recovery tool.
The requirements for sending notice might be a little intimidating at first, but they’re actually pretty simple. Ultimately, it’s a relatively simple form to send, and there’s a lot of flexibility as to how it may be sent or mailed. Of course, the deadline requirement – 30 days before the lien filing – is pretty strict. But the deadline, form, and mailing requirements are a breeze when using an online platform to help with compliance.
This page will answer common Pennsylvania Notice of Intent questions, provide free downloadable forms, and additional information on the Pennsylvania Notice of Intent to Lien requirements.
Pennsylvania Notice of Intent FAQs
For Private Projects
Who needs to send a Pennsylvania Notice of Intent to Lien on private projects?
Anyone who didn’t contract directly with the property owner on a private construction project in Pennsylvania needs to send a Notice of Intent to Lien (NOI) in order to secure their right to file a mechanics lien.
Interestingly, if the labor or materials furnished by the potential lien claimant are furnished to improvements on more than a single business or residence a separate notice for each improvement is required. So, for large developments or multi-use projects, multiple Notices of Intent may be required.
What’s the deadline to send a Pennsylvania Notice of Intent of Lien?
A Pennsylvania Notice of Intent to Lien must be served on the property owner at least 30 days before a valid lien claim can be filed. The deadline to file a PA mechanics lien is 6 months from the last date of furnishing labor and/or materials to the project, meaning that the notice must be served on the owner (read: received by the owner), at the very latest, 5 months from last furnishing.
Sending notice won’t extend the lien deadline, so it requires quite a bit of planning ahead.
Who do I need to send the Notice of Intent to Lien to?
The only party required to receive a PA Notice of Intent to Lien is the property owner. However, it may be a good idea to send notice to other project participants, like the GC, project manager, your customer, and anyone else who might be able to make sure payment is made before a lien must be filed.
What information is required on a Pennsylvania Notice of Intent?
The form requirements for a PA Notice of Intent to Lien can be found under 49 Pa. Stat. §1501(b) and should contain all of the following information:
• Claimant’s name
• Hiring party’s name
• Amount claimed to be due
• General description of labor and/or materials furnished
• Date of completion of the claimant’s work
• Description of the property
→ You can download a free Pennsylvania Notice of Intent to Lien form here.
How should the Notice of Intent be sent in Pennsylvania?
Pennsylvania is fairly flexible when it comes to the method by which a Notice of Intent to Lien needs to be sent. The notice can be sent by first class mail, certified or registered mail, or by personal delivery.
However, it’s probably a good idea to send the notice in a way that it’s easy to show when the owner received it. So, sending certified or registered mail might be wise.
If service cannot be made by mail or personal service, then the Notice of Intent to Lien can be posted at a conspicuous and public area of the project site – and that will be sufficient for notice.
Is the notice considered served when sent or when received?
The Notice of Intent to Lien is considered served in Pennsylvania when it is actually received by the property owner. Which means that if there is a payment problem on the project, a claimant should be prepared to send this notice well before 5 months after last furnishing.
What if I send a Pennsylvania Notice of Intent to Lien late?
Failure to send a Notice of Intent to Lien, or sending the notice late is fatal to a claimant’s PA mechanics lien rights.
For Public Projects
Does Pennsylvania require Notices of Intent on public projects?
No. Pennsylvania’s Notice of Intent to Lien requirements are found in the state’s lien statute, and there’s nothing in Pennsylvania’s Little Miller Act which requires a Notice of Intent before making a claim.
With that being said, it may be valuable to send one anyway. We discuss that here: Do I Need to Send a Notice of Intent Before Making a Construction Bond Claim?
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Free Pennsylvania Notice of Intent Forms
Compliant with Pennsylvania statutes and applicable for jobs in any Pennsylvania county.
Fill out the form to download your free Pennsylvania Notice of Intent to Lien Form. You can fill out the form with a PDF editor,...
Pennsylvania Notice of Intent Statutes
Pennsylvania’s Notice of Intent to Lien requirements are located at 49 Pa. Stat. § 1501 of the state’s lien statute. That section is reproduced below, and you can also found the rest of the state’s mechanics lien statute here: Pennsylvania Mechanics Lien Guide, FAQs, and Statutes.
Pennsylvania Notice of Intent Statute
§ 1501. Formal Notice by Subcontractor as Condition Precedent
(a), (b) Deleted by 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007.
(b.1) Time Period of Formal Notice. 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 same is filed, he shall have given to the owner a formal written notice of his intention to file a claim, except that such notice shall not be required where the claim is filed pursuant to a rule to do so as provided by section 506.1
(c) Contents of Formal Notice. The formal notice shall 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.
(d) Service of notice. The notice provided by this section may be served by first class, registered or certified mail on the owner or his agent or by an adult in the same manner as a writ of summons in assumpsit, or if service cannot be so made then by posting upon a conspicuous public part of the improvement.