On October 14, 2014, the Pennsylvania General Assembly signed Act 142 creating the Pennsylvania State Construction Notices Directory, which became effective January 1, 2017 (the “Act”). The Act created an online directory whereby project owners or their agents (collectively, “Owner”) can register on an online, searchable state-wide database (the “Directory”) before beginning any construction project that costs over $1.5 million, by filing a Notice of Commencement in the Directory.
If the Owner files the Notice of Commencement in the Directory, a subcontractor or its agent (collectively, “Subcontractor”) must then file a Notice of Furnishing within 45 days of first performing work, services, or first providing materials to the job site. If the Subcontractor fails to properly follow the filing guidelines, it risks losing the right to file any lien claim in the future.
There are also additional filings and compliance requirements for both Owner and Subcontractor that are necessary to protect each party’s rights and interests. Because of the required filings and additional compliance requirements, it is important for all parties involved to be aware of potential pitfalls and compliance issues that could cost money, time, and are a headache to deal with. For these reasons, it is important to seek professional guidance in these situations to protect your rights and interests and to help you smoothly navigate the process.
If you would like more information, please contact Tim D’Lauro at 215-918-3596 or tdlauro@foxrothschild.com.