Pennsylvania Mechanic’s Lien Rights: A Complete Guide for Subcontractors

Pennsylvania's mechanic’s lien rights are narrower than those of many states. Only parties who meet the statute’s definition of a “contractor” or “subcontractor” can file a lien.

• Contractors: Those who contract directly with the owner to erect, construct, alter, or repair an improvement. This usually includes the general contractor. It can also include certain architects and engineers (49 P.S. § 201(4)).
• Subcontractors: Those who contract with the GC or with a subcontractor who is contracted directly with the GC. This includes those who furnish labor, skill, or superintendence, or supply/haul materials and equipment. Many trade subs, material suppliers, and labor providers fall into this category (49 P.S. § 201(5)).

Parties that typically do not have lien rights in Pennsylvania include:

• Lower-tier parties hired by someone who does not have a direct contract with the GC (for example, a supplier to a supplier).
• Architects or engineers hired by the GC or subcontractor (rather than directly with the owner).
• Anyone who does not meet Pennsylvania’s statutory definition of “contractor” or “subcontractor.”

Pennsylvania lien law allows liens for labor and materials furnished for an “improvement,” meaning a building, structure, or other improvement constructed on land.

Here are some examples of what’s considered lienable and what isn’t.

Lienable Work in Pennsylvania

• Construction of new buildings or structures
• Alteration or repair of existing improvements
• Demolition, excavation, grading, paving, and landscaping when incidental to the improvement
• Initial fitting and equipping of the improvement with fixtures, machinery, and equipment
• Labor, supervision, and materials incorporated into the improvement

Non-Lienable Work in Pennsylvania

• Work on public projects
• Work by parties who do not qualify as contractors or subcontractors
• Materials for which the claimant has retained a UCC security interest or title
• Work on a leasehold that is not shown to be for the owner’s immediate use or benefit (49 P.S. § 303(d))

Before filing a lien in Pennsylvania, make sure you’ve met any preliminary or pre-lien requirements that apply to your role (see table above).

Deadline to File

All lien claimants must file their claim within 6 months after completion of their work, meaning the last labor performed or materials delivered under the contract, whichever occurs later.

Filing Requirements

• Filing location: File the lien claim with the prothonotary of the Court of Common Pleas in the county where the improvement is located.
• Form requirements: Pennsylvania does not provide a single statutory form, but the claim must include:
  • Claimant name and whether filed as contractor or subcontractor
  • Owner name and address
  • Date of completion of claimant’s work
  • Description of labor and materials furnished
  • Amount claimed (lien claims must exceed $500)
  • Property description sufficient for identification
  • For subcontractors: Contracting party and notice dates
• Verification: The lien claim must be signed and verified by the claimant.
• Filing fee: Varies by county.

Service Requirements

The claimant must personally serve a written notice of the lien filing to the owner within one month after the claim is filed. If notice can’t be given in-person, it must be posted in a conspicuous place on the property.

Proof that the notice was served—either an affidavit of service or acceptance of service—must be filed with the court within 20 days after service. Failure to meet these service requirements can invalidate the lien (49 P.S. § 502(a)(2), (c)).

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Pennsylvania.

Enforcement Requirements

• Enforcement deadline: An action must be started within two years after the lien is filed, unless the owner agrees, in writing, to extend the deadline. Regardless, a verdict must be reached within five years from the lien filing date, or the lien is lost (49 P.S. § 701(d)).
• Filing location: File the suit in the Court of Common Pleas in the county where the property is located.
• Lien priority: For new construction, lien priority generally relates back to the date of visible commencement of work. For alterations or repairs, priority typically dates from the filing of the lien. Certain mortgages receive statutory priority.

Lien Release Requirements

Once the debt is paid or otherwise resolved, the claimant will typically receive a written request to formally release the lien. They must enter a satisfaction of record with the county prothonotary within 30 days after receiving the written request. Failure to do so may result in penalties of up to the amount of the lien claim (49 P.S. § 704).