Pennsylvania Preliminary Notice FAQs

Generally, preliminary notices aren’t required on private projects in Pennsylvania. However, if the project is “searchable” (overall project cost of $1.5M or more) and the property owner chose to file a Notice of Commencement, then any claimant who didn’t contract directly with the property owner is required to send a Notice of Furnishing.

Notice of Intent to Lien: Additionally, lien claimants without a contract directly with the owner must provide the property owner (or owner’s agent) with a formal Notice of Intent to File a Lien. Further discussion here: Pennsylvania Notice of Intent to Lien Guide and FAQs.

If a Notice of Commencement is filed, then a Notice of Furnishing must be filed within 45 days of first furnishing labor and/or materials to the project.

The Notice of Furnishing must be filed with the PA State Construction Notices Directory website. Once filed, the registry will provide a copy of the notice to the project owner. However, it may be a good idea to send a copy to the owner in any event. That way they know who you are and what you’re providing to the project.

The form requirements for a Pennsylvania Notice of Furnishing can be found under 49 Pa. Stat. §1501.3(b) and should contain all of the following information, most of which can be obtained directly from the Notice of Commencement.

• Property owner’s name & address
• Notice of Commencement number
• Building permit number for the project
• Tax ID number for each parcel
• Hiring party’s name & address
• General description of labor and/or materials
• Property description
• First furnishing date
• Claimant’s name & address

You can download a free Pennsylvania Notice of Furnishing form here.

As mentioned above, a PA Notice of Furnishing must be filed with the state construction notice registry website. You will need to create an account with the registry, which you can do here.

The Pennsylvania Notice of Furnishing is considered served when it is filed on the state construction directory website.

If required, the failure to send a PA Notice of Furnishing within the 45-day deadline is fatal to the party’s lien rights. This is explicitly mentioned under 49 Pa. Stat. §1501.3(c), “A subcontractor that fails to substantially comply with this section forfeits the right to file a lien claim.”

No. Pennsylvania does not require preliminary notice to preserve rights on public projects. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.

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