Submitting a Pennsylvania preliminary notice is a practical step to ensure faster payment on construction projects. This notice serves as an informational document provided to the property owner early in the project timeline. If you’re preparing to send a preliminary notice in Pennsylvania, it’s crucial to pay attention to all the details. Whether it’s a preliminary notice of furnishing or a notice of intent, specific rules and regulations must be followed. Missing a deadline or misunderstanding the requirements can lead to serious repercussions.
For recipients, understanding these notices and knowing the appropriate follow-up actions is equally important. Managing the process of sending and receiving preliminary notices can be complex and time-intensive for everyone involved. Below is an overview of the key rules and guidelines for handling preliminary notices in Pennsylvania.
Key Takeaways
- Timely Submission is Crucial: Submitting a Pennsylvania Notice of Furnishing within 45 days of providing labor or materials is essential to preserve lien rights on qualifying private projects. Missing the deadline results in forfeiting these rights.
- Accurate Documentation: It’s important to accurately complete the required forms with all necessary information, including project details and the correct dates, to ensure compliance and avoid jeopardizing future lien claims.
- Electronic Filing Through State Registry: Pennsylvania requires Notices of Furnishing to be filed through the state’s construction notice registry. This electronic submission automatically notifies the property owner, but sending an additional copy directly to the owner is also recommended for clarity.
Who Needs to Send a Pennsylvania Notice of Furnishing on Private Projects?
In Pennsylvania, preliminary notices are usually not necessary for private projects. However, if a project qualifies as “searchable” (with a total cost of $1.5 million or more) and the property owner has filed a Notice of Commencement, subcontractors or suppliers without a direct agreement with the property owner must submit a Notice of Furnishing.
Notice of Intent to Lien: Similarly, mechanics lien claimants without a direct contract with the owner are required to notify the property owner or their agent by sending a formal Notice of Intent to File a Lien.
What’s the Deadline to Send a Pennsylvania Notice of Furnishing?
When a Notice of Commencement is recorded, a Notice of Furnishing must be submitted within 45 days from the date labor or materials are initially supplied to the project.
Who Do I Need to Send the Notice of Furnishing To?
The Notice of Furnishing must be submitted through the PA State Construction Notices Directory website. Upon submission, the registry automatically sends a copy to the property owner. However, it’s often wise to send an additional copy directly to the owner to ensure they are aware of your involvement and the materials or services you are contributing to the project.
What Information Is Required on a Pennsylvania Notice of Furnishing?
The Pennsylvania Notice of Furnishing form requirements are outlined in 49 Pa. Stat. §1501.3(b) and must include the following details, which are typically available from the Notice of Commencement:
- Name and address of the property owner
- Notice of Commencement identification number
- Building permit number for the project
- Tax ID for each property parcel
- Name and address of the hiring party
- Brief description of the labor and/or materials supplied
- Description of the property
- Date of first furnishing of labor or materials
- Claimant’s name and address
How Should the Notice of Furnishing Be Sent in Pennsylvania?
A Pennsylvania Preliminary Notice must be submitted through the state’s construction notice registry online platform. To do this, you’ll need to set up an account on the registry. You can create your account by visiting the official website.
Is the Notice Considered Served When Sent or When Received?
In Pennsylvania, the Notice of Furnishing is recognized as served once it is successfully submitted through the state construction notice directory website.
What If I Send a Pennsylvania Notice of Furnishing Late?
Missing the 45-day deadline to file a PA Notice of Furnishing can result in the loss of mechanics lien rights, as stated in 49 Pa. Stat. §1501.3(c). It clearly states that subcontractors who do not comply with this requirement forfeit their ability to file a lien claim.
Do I Need to Send a Pennsylvania Preliminary Notice on Public Projects?
No, preliminary notice is not mandatory in Pennsylvania for public projects to secure rights. Nonetheless, sending one, even if not required, can improve visibility, facilitate communication, and help speed up payments.
About Pennsylvania Preliminary Notices
Pennsylvania recently implemented changes to its preliminary notice system, joining other states that require such notices. The state introduced a Notice of Furnishing, which applies primarily to larger commercial projects. Under legislation passed in 2016, property owners in Pennsylvania undertaking construction work valued over $1.5 million can choose to register their projects by filing a Notice of Commencement.
When this option is chosen, all contractors and suppliers not directly hired by the owner must submit a Notice of Furnishing within 45 days of providing labor or materials in order to preserve their lien rights.
This Notice of Furnishing must be filed electronically through the state’s construction notice database. Failure to meet the 45-day filing deadline will result in the loss of lien rights. It’s crucial to note that no party involved, whether owner, contractor, or subcontractor, can discourage or prevent another from filing the notice. General contractors are exempt from this filing to maintain mechanics lien rights.
Additionally, those without a direct contract with the property owner must submit a Notice of Intent to Lien at least 30 days before filing a lien, although this notice does not extend the timeline for filing the lien itself.
How to Send Preliminary Notice in Pennsylvania?
Download the Correct Form
To start, obtain the appropriate form for preliminary notice Pennsylvania. Depending on the project’s cost and whether a Notice of Commencement has been filed, you may be required to send a Notice of Furnishing.
Regardless of the project size, all potential lien claimants must also file a Notice of Intent to Lien.
Our free forms are designed by construction attorneys, ensuring they comply with Pennsylvania’s legal standards for language and formatting, making it easier for you to stay compliant.
Complete the Form Carefully
Accuracy is crucial when filling out your preliminary notice form. Any errors could jeopardize your ability to file a mechanics lien in Pennsylvania.
Be sure to include all necessary details and ensure that the information provided is 100% correct.
File or Serve the Notice
To file a preliminary notice in Pennsylvania, submit it through the Pennsylvania State Construction Notices Registry. A Notice of Intent to Lien must be delivered to the property owner through registered mail, certified mail with return receipt requested, or personal service.
Get in Touch
Submitting a Pennsylvania preliminary notice is a critical step for securing lien rights and ensuring prompt payment on construction projects, particularly for larger-scale commercial projects. Whether it’s a Notice of Furnishing or a Notice of Intent to Lien, adhering to Pennsylvania’s specific requirements and deadlines is vital to avoid losing your lien rights.
With accurate filing through the state’s construction notice registry and a clear understanding of the process, subcontractors and suppliers can help protect their interests while promoting smoother project communication and payment flow.
At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely preliminary notice and lien filings.
We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a preliminary notice and mechanics lien, give us a call or shoot us an email.
