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State guide

Pennsylvania mechanics lien and payment rules

As a subcontractor in Pennsylvania, you have 6 months after your last day furnishing labor or materials to record a mechanics lien, and a notice of furnishing (State Construction Notices Directory) is required only in some cases. Here are Pennsylvania's notice, lien, bond claim, retainage and prompt payment rules in plain language, with the statutes and a worked example.

  • Reviewed
  • 4 statutes cited
  • Not legal advice

Pennsylvania at a glance

Private commercial work, sub hired by the GC, unless noted
Preliminary notice (subs)
45 days after your first day furnishing labor or materials Required only in some cases. Notice of furnishing (State Construction Notices Directory).
Record the lien (subs)
6 months after your last day furnishing labor or materials
Sue to enforce
24 months after recording the lien
Public retainage cap
Up to 10%
Private retainage cap
Verify with state statute
GC pays subs within
14 days of receiving payment From the private work rules.

Turn these rules into dates for your job, free in your browser.

Preliminary notices in Pennsylvania

Subcontractors and suppliers on a private job in Pennsylvania serve a notice of furnishing (State Construction Notices Directory) within 45 days after your first day furnishing labor or materials. It is required only in some cases. That is longer than most states that set a fixed window (the middle is about 26 days), but a late notice can still cost you.

Projects over $1.5 million where the owner filed a notice of commencement in the directory.

Before recording, subcontractors and suppliers send a notice of intent to lien at least 30 days before the last day to record the lien. Because it counts back from the deadline, waiting until the last week can leave you too late to record at all.

Lien filing deadline in Pennsylvania

If the GC hired you, you have 6 months after your last day furnishing labor or materials to record a mechanics lien in Pennsylvania, about 93 days longer than the national median of 90 days (counted from last furnishing on a sample job). 45 of the 51 jurisdictions we track have a shorter lien deadline and 2 have a longer one.

The clock starts on your last day furnishing labor or materials under your contract. In many states, warranty visits and punch list work done mainly to extend the deadline don't restart it, so use your last day of real contract work.

Recording isn't the last step. GCs, subcontractors and suppliers then serve notice of the lien on the owner within 1 month after recording the lien.

Deadline to sue on the lien

To keep the lien alive you must sue to enforce it within 24 months after recording the lien. If you record on the last possible day, that is about 914 days after your last day on the job, about 549 days longer than the national median of 365 days. 43 of the 48 jurisdictions we track have a shorter overall time to sue and 3 have a longer one.

Because the clock counts from recording, recording early also moves the lawsuit deadline earlier.

How Pennsylvania compares

Days are counted on a sample job with the lien recorded on its last allowed day, so states that count from recording or from completion can be compared with those that count from your last day on site. The median is across the jurisdictions with a dated rule on file.

Pennsylvania deadlines vs the national median
Preliminary notice (from first day)
Pennsylvania: 45 days
National median: 25.5 days
Record the lien (from last day)
Pennsylvania: 183 days
National median: 90 days
Sue to enforce (from last day)
Pennsylvania: 914 days
National median: 365 days

Public and federal projects

Public property can't be liened, so subcontractors and suppliers on state and local public jobs in Pennsylvania claim against the GC's payment bond instead. We haven't reduced Pennsylvania's bond claim deadlines to one set of numbers, because they vary by agency and project. The governing law is 8 P.S. §191 to §202. Verify the notice and suit deadlines with the statute and the bond itself before the job starts.

Federal jobs in Pennsylvania follow the Miller Act instead of state law: those hired by a sub or supplier give the prime contractor notice within 90 days of their last furnishing, and suit is due within 1 year, in federal court. Prime contractors on federal work have no lien or bond claim.

Retainage and prompt payment in Pennsylvania

On public work the cap is 10%, above the 5% median of states that set one. Up to 10% until 50% complete, then up to 5%. It also steps down partway through the job, so check that your pay applications reduce retainage when the project reaches the threshold.

On private work we have no statutory cap on file, so retainage is usually whatever the contract says. Read the retainage and release clauses before you sign.

Once the GC is paid, it has 14 days on private work and 14 days on public work to pay its subs. Owner pays per the contract (20 days after invoice if silent); GC pays subs within 14 days of receipt.

Late payments carry interest of 1% per month. That turns a slow payment into a number you can put in a demand letter.

Retainage and prompt payment in Pennsylvania
Public workPrivate workFederal work
Retainage cap10%Verify10%
ReleaseWithin 30 days after final acceptance.Verify with state statuteReleased with final payment, or earlier once progress is satisfactory.
GC pays subs within14 days14 days7 days
Late-payment interest1% per month (12% a year)1% per month (12% a year)Treasury prompt payment rate (reset every January and July)

Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them.

Worked example: a plumbing sub in Pennsylvania

A plumbing subcontractor hired by the GC on a private retail shell in Pennsylvania starts work on March 2, 2026 and last furnishes on July 17, 2026. The project is completed on August 28, 2026. Run through Pennsylvania's rules, those dates give:

Deadlines for the worked example in Pennsylvania
DeadlineDateCounted from
Notice of furnishing (State Construction Notices Directory) April 16, 2026 First furnishing
Formal notice of intent to lien (30 days before filing) December 18, 2026 The lien deadline
Record the lien January 17, 2027 Weekend Last furnishing
Serve notice of the lien on the owner February 17, 2027 Lien recording
Sue to enforce the lien January 17, 2029 Lien recording

The first deadline on the calendar is “Notice of furnishing (State Construction Notices Directory)” on April 16, 2026, counted from the day the crew started, long before any payment is late.

One date lands on a weekend (January 17, 2027). Not every state rolls a deadline to Monday, so the safe move is to record or serve by the Friday before.

Open the lien deadline calculator for Pennsylvania and enter your own dates to get this table for your job, with countdowns and a PDF deadline calendar.

Check your own dates with the free tools

Statutes cited

  • 49 P.S. §1101 to §1902
  • 8 P.S. §191 to §202 (public bonds)
  • 62 Pa. C.S. §3921 to §3939 (public)
  • 73 P.S. §501 to §516 (Contractor and Subcontractor Payment Act)
  • Federal work in Pennsylvania: 40 U.S.C. §3131 to §3134 (Miller Act)

Not legal advice. Lien and bond claim rules change and have exceptions for project type, contract terms and how notices are served. Confirm every deadline with the current statute or a construction attorney in the project's state before relying on it. Rules shown as "Verify with state statute" have exceptions or variations we could not reduce to one number.

Pennsylvania lien and payment FAQs

How long do I have to file a mechanics lien in Pennsylvania?

If you're a subcontractor or supplier hired by the GC, you have 6 months after your last day furnishing labor or materials. Check the exact date for your job with the free lien deadline calculator, and confirm it with the statute (49 P.S. §1101 to §1902).

Is a preliminary notice required in Pennsylvania?

Subcontractors and suppliers give a notice of furnishing (State Construction Notices Directory) within 45 days after your first day furnishing labor or materials. It is required only in some cases. Projects over $1.5 million where the owner filed a notice of commencement in the directory.

How long is a mechanics lien valid in Pennsylvania?

Unless you sue to enforce it within 24 months after recording the lien, the lien expires.

What is the maximum retainage in Pennsylvania?

Up to 10% on public work (Up to 10% until 50% complete, then up to 5%). We have no private retainage cap on file, so the contract usually governs.

How fast must a general contractor pay subcontractors in Pennsylvania?

Owner pays per the contract (20 days after invoice if silent); GC pays subs within 14 days of receipt. Late payments carry interest of 1% per month.

Can I file a lien on a public project in Pennsylvania?

No. Public property can't be liened, so subs and suppliers claim against the GC's payment bond under Pennsylvania's public bond law (8 P.S. §191 to §202). Its deadlines vary by agency, so verify them before the job starts.

Neighboring states

Working across the state line? Rules change at the border, even on the same kind of job.

Same lien deadline (6 months): Kentucky , Missouri , Wisconsin .