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PA Bulletin, Doc. No. 17-513

NOTICES

DEPARTMENT OF GENERAL SERVICES

Implementation of the State Construction Notices Directory

[47 Pa.B. 1828]
[Saturday, March 25, 2017]

 Notice is hereby given, as required by section 501.1(c) of the Mechanics' Lien Law of 1963 (act) (49 P.S. § 1501.1(c)), that the Department of General Services has implemented the State Construction Notices Directory.

 The State Construction Notices Directory serves as a standardized Statewide system for the filing of certain construction notices described in the act. For construction projects totaling $1.5 million or more, the owner or their agent may register these projects by filing a Notice of Commencement in the State Construction Notices Directory. To protect their lien rights, contractors and subcontractors involved in these projects must also file notices for the project. If a contractor or subcontractor fails to file an appropriate notice on the State Construction Notices Directory, they may forfeit their right to file a lien. Any legal questions regarding the act should be directed to a licensed attorney.

 The State Construction Notices Directory is an online tool for owners, contractors and subcontractors to access and file Construction Notices documents. The State Construction Notices Directory is available at https://apps.pa.gov/scnd.

Instructions for Using the State Construction Notices Directory

 Prior to beginning a construction project totaling $1.5 million or more, an owner or their agent may file a Notice of Commencement in the State Construction Notices Directory. A general contractor authorized as the owner's agent may also file on the owner's or their agent's behalf. To file a Notice of Commencement, an owner or their agent is required to create a user account for the State Construction Notices Directory. After completing an account setup, the owner or their agent will receive a user ID and password to access the account.

 Once logged in, an owner or agent is presented with a summary page of the owner's current projects and has the option to ''File a Notice.'' Selecting the ''File a Notice'' option will present the user with an easy to use, step-by-step tool to complete a Notice of Commencement.

 The Notice of Commencement is the first step in the Construction Notice process and all subsequent notices filed by contractors and subcontractors will reference the Project ID Number assigned to the Notice of Commencement. If a Notice of Commencement is filed, owners must include language in all contracts and subcontracts that failure of a contractor or subcontractor to file a Notice of Furnishing will result in the loss of lien rights.

 To maintain their lien rights, contractors and subcontractors performing work or services or providing material in furtherance of a project on which a Notice of Commencement was filed are required to file a Notice of Furnishing in the State Construction Notices Directory for that project. The Notice of Furnishing indicates that contracted work, services or materials have been provided and notifies the owner or their agent with an automated e-mail through the State Construction Notices Directory.

 Once a project has been completed, the owner or their agent may then file a Notice of Completion which will be provided to all that have filed a Notice of Furnishing.

 Should the need arise, contractors and subcontractors that have filed a Notice of Furnishing can indicate that payment for their work, services or materials have not been provided by filing a Notice of Nonpayment online. However, not filing this Notice of Nonpayment will not affect the right to file a lien.

 Additional information about how to use the State Construction Notices Directory and file appropriate notices is available throughout the State Construction Notices Directory.

 Questions concerning the State Construction Notices Directory may be directed to RA-GSPASCND@pa.gov.

CURTIS M. TOPPER, 
Secretary

[Pa.B. Doc. No. 17-513. Filed for public inspection March 24, 2017, 9:00 a.m.]


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