Pennsylvania State Construction Notices Directory To Go Live
By: Thomas O. Williams, Esq., Reager & Adler, PC
As a follow-up to previous articles, we are again reminding members that the requirement for subcontractors and suppliers to file Notices of Furnishing in order to preserve their mechanic’s lien rights began December 29, 2016 based on information provided by the Pennsylvania Department of General Services. This new requirement established by an amendment to the Mechanic’s Lien Statute (Act 142 of 2014) requires subcontractors and suppliers to access a web-based directory, to be known as the State Construction Notices Directory, which has recently been completed by the Department of General Services. Subcontractors and suppliers who wish to maintain rights to file a mechanic’s lien in the event of nonpayment must file a Notice of Furnishing on the Department of General Services directory within 45 days after first performing work on the job site or first providing materials to the jobsite. A subcontractor or supplier who fails to comply with the filing requirement will forfeit rights to file a mechanic’s lien claim.
Subcontractors and suppliers will be able to search the Department of General Services directory website for the project for which they have provided labor, materials or supplies, which will be searchable by project owner’s name, by project contractor’s name, by project address, by County, or by project number if the project was registered by the owner on the website. In order for there to be a searchable project, and an obligation for subcontractors and suppliers to provide Notices of Furnishing to that project, the owner must first have filed a Notice of Commencement. Owners or their authorized representatives must file their projects on the directory by filing the Notice of Commencement on the website prior to the commencement of labor, work or furnishing of the materials on the project.
It is important that subcontractors and suppliers keep in mind that they must still file their mechanic's liens of record in the Prothonotary's office in the County in which the project is located within six months of the last work or the last providing of materials in the case of suppliers. In addition, subcontractors and suppliers wishing to file mechanic's liens must still provide written notice to the project owner of their intent to file a mechanic’s lien 30 days prior to the filing of a mechanic’s lien, as these requirements have not been eliminated by the amendment to the Mechanic’s Lien Law requiring the filing of notices on the DGS directory. Subcontractors, suppliers and owners can access the directory to input the required Notices at: www.scnd.pa.gov
Learn more at the upcoming ABC Keystone seminar:
Danger Ahead!! Don't Forfeit Your Mechanic's Lien Rights!
Wednesday, January 25 / 2:00 pm – 3:30 pm