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 Subcontractors, Suppliers, Equipment Rental Companies, and Others
Is a Pennsylvania Notice of Intent to Lien required?
For contractors who are hired by the property owner, there aren’t any Notice of Intent to Lien requirements.
But for everyone else on the job – a Notice of Intent to Lien will be required in order to preserve the right to lien. The requirement is created by § 1501. That section reads, in relevant part:
“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…”
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.
When do I need to send a Pennsylvania Notice of Intent to Lien?
A Pennsylvania Notice of Intent to Lien must be received by the property owner at least 30 days before a lien can be filed.
Sending notice won’t extend the lien deadline, so it requires quite a bit of planning ahead.
And, keep in mind that the notice must be received at least 30 days before a lien can be filed. So, it’s a good idea to get that process started more than a month before the lien deadline.
Because the deadline to file a Pennsylvania mechanics lien will be 6 months from the last furnishing on the project – that means that the Notice of Intent must be given within 5 months of the last furnishing.
Which parties must receive a Pennsylvania Notice of Intent to Lien?
The project’s property owner is the only party required to receive a Notice of Intent to Lien.
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.
How should the Pennsylvania Notice of Intent to Lien be sent?
Pennsylvania is pretty flexible here – notice may be sent by first class mail, certified or registered mail, or by personal service.
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 ot Intent to Lien can be posted at a conspicuous and public area of the project site – and that will be sufficient for notice.
Does the Notice of Intent affect my lien rights or lien deadline?
Yes! Failure to send a Notice of Intent to Lien, when required, will be fatal to a Pennsylvania mechanics lien claim. Sending the notice late isn’t acceptable, either.
What information should be included on a Pennsylvania NOI?
A Pennsylvania Notice of Intent to Lien must contain the following information:
- The name of the claimant;
- The name of the party who hired the claimant;
- The amount being claimed;
- A general description of the labor or materials giving rise to the claim;
- The date that work was completed; and
- A brief description of the project property that would be liened.
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 § 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.