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How do I know if Prelim is required?

Pennsylvania

According to the information in Levelset regarding Lien law in PA, a preliminary notice is required within 45 days of furnishing if NOC filed & project is greated than $1.5M. How do I know if an NOC was filed? 45 days On projects of more than $1.5 million, if a Notice of Commencement was filed in the State Construction Registry, a Notice Furnishing must be filed through the registry within 45 days of first furnishing labor and materials. On all projects, a Notice of intent to lien is required 30 days before filing a lien.

3 replies

Apr 27, 2021

Also, are late Preliminary Notices allowed in PA?

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Apr 27, 2021

Pennsylvania Notices of Commencement and the Notices of Furnishing are both governed by 49 Pa. Stat. §1501.3 . Not only can the Notice of Commencement information be found by searching the Pennsylvania State Notices Directory; a copy of the notice is required to be posted in a conspicuous place on the site of the project as well.

Regarding whether a late preliminary notice is still valid in Pennsylvania, unfortunately the answer is no. If required, a Notice of Furnishing must be filed within 45 days of the date of first furnishing labor and/or materials to the project. Any subcontractor that fails to substantiall comply with the notice requirements forfeits their right to file a lien claim. 

Here's another resource that may be helpful: How PA's Construction Notices Directory Affects Lien Rights 

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Apr 28, 2021
You can check the PA State Construction Notices Directory to see if your project is a searchable/registered project: https://www.pa.gov/dgs/state-construction-notices-directory. If it is and the owner/GC has filed a Notice of Commencement, it will be reflected in the directory. You then have 45 days from the commencement of your work to file a Notice of Furnishing on the Directory. As with all liens in PA, subcontractors must give the Owner 30 days notice before filing a mechanics' lien. Please contact me if you would like to discuss or if you have any other questions. len@windishlaw.com, 215-979-7605
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