A Critical Reminder for Pennsylvania Subcontractors: File Your Notice of Furnishing

In Pennsylvania, subcontractors and material suppliers rely on mechanics’ liens as a powerful tool to secure payment for labor and materials. But for large private projects, that right can vanish quickly—and permanently—if one simple step is missed: filing a Notice of Furnishing.  While this statutory requirement has been in place since 2017, it remains a relatively unknown—and often overlooked—concept for many subcontractors and suppliers. This article provides a brief refresher on when a Notice of Furnishing is required, why it matters and the legal consequences of failing to file.

What is a Notice of Furnishing?

Under the Pennsylvania Mechanics’ Lien Law, certain private construction projects are classified as “searchable projects.” These are projects with an improvement cost of $1.5 million or more that the owner has registered in the Pennsylvania State Construction Notices Directory (SCND) by filing a Notice of Commencement. Once a Notice of Commencement is filed, every subcontractor and supplier who wants to preserve lien rights must file a Notice of Furnishing in the Directory within 45 days of first performing work or delivering materials.

Why it Matters

The law is blunt: failure to file a required Notice of Furnishing may result in forfeiture of mechanics’ lien rights. Courts treat this requirement as a condition precedent, not a technicality. In practice, that means:

• Owners routinely file preliminary objections to dismiss a lien.
• Courts dismiss lien claims at an early stage.
• Actual knowledge by the owner does not cure the defect.
• Equitable arguments like “no prejudice” rarely succeed.

Once lien rights are lost, the subcontractor’s and supplier’s leverage is gone. Payment disputes then become ordinary contract claims, often unsecured and far less effective.

Common Misunderstandings

Subcontractors and suppliers sometimes assume they do not need to file a Notice of Furnishing because:

• They have a written subcontract.
• The owner knows they are on the job.
• They worked directly under a general contractor.
• They plan to “deal with it later if there’s a problem.”

None of these assumptions protect lien rights. If the project is registered and the 45‑day deadline passes, there is no reset button.

Practical Tips to Protect Your Rights

• Check the SCND at the start of every large project
• Calendar the 45‑day deadline immediately
• File early—there is no downside to filing promptly
• Assign responsibility internally so the filing is not overlooked
• Do not rely on others to file on your behalf unless clearly authorized

The Bottom Line

The Notice of Furnishing is quick to file, inexpensive and critical. Missing it can eliminate one of the strongest payment remedies available to subcontractors and suppliers in Pennsylvania. Treat it with the same seriousness as submitting an invoice or negotiating contract terms—because once lien rights are lost, they cannot be recovered.