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Preliminary Notices

PennsylvaniaPreliminary Notice

I am a supplier working on a large commercial job in Cranberry Township (over $500,000 in materials we are supplying to a subcontractor). I have been looking to see if the job has been registered on the "state construction notices directory", so I can put them on notice that we are a supplier. I have not seen this job on there yet. If the job is not filed with this website, does that mean a prelim notice is not necessary? Would it still be a good idea to mail a notice to the owner and GC on the project?

3 replies

Aug 10, 2020

The Owner (or GC on behalf of the Owner) has the option to file a "Notice of Commencement" with the State Construction Notices Directory prior to the commencement of the Project. However, this is not a required step. If the Owner does not file a Notice of Commencement (and it appears they have not), you do not need to file a Notice of Furnishing and you will still retain lien rights to the extent a payment dispute arises in the future.  

Given that your lien rights are preserved, it would be unnecessary to serve the owner/GC with a preliminary notice. 

Good luck and please feel free to reach out directly if you have
any additional questions. 

-Justin  

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Aug 10, 2020
Perfect!! Thank you very much.
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Aug 10, 2020

Owners of Pennsylvania projects with construction costs of at least $1.5M are eligible to register with the State Construction Notices Directory, but they do not have to. See https://www.jdsupra.com/legalnews/one-year-later-an-update-on-the-pa-20932/. Also see https://www.mcneeslanduse.com/2019/05/the-state-construction-notices-directory-offers-benefits-to-developers-and-project-owners-in-pennsylvania/ .

If the project had been in the State Construction Notices Directory, you would have had to had notice of that distinction, because failing to file a Notice of Furnishing within 45 days of first providing materials to the subcontractor. Since the project is not registered in the Directory, the conventional approach to filing a mechanics' lien would still apply.   

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