We have a Lien in place as of 1/29/21 in the county where the work took place. However, the H.O. (we did the work for the subcontractor) was not served by the Sheriff within the one month requirement. The work was completed 152 days ago. Can we refile the Lien (since it's within 180 days) and then have the opportunity to have it served within the one month timeframe?
If the deadline to file a lien hasn't passed, then there's generally still time to file a mechanics lien and then send notice of that lien filing. This should be true even if a lien filing has already been attempted.
As you mention above, the deadline to file in PA is generally 6 months from the claimant's last furnishing of labor or materials. Note that this timeframe is measured by months, and not in days - so it's important to plan accordingly, even though 6 months is generally ~180 days.
With all that being said - if a second lien has to be filed for the same work, it might be worth considering removing the first lien after the second lien is perfected. That way, there aren't two liens filed for the same work, and there's no argument that improper claims have been made. Granted, it's also important to take great care so that a release doesn't affect a second claim's viability - though it should be easy enough to indicate when one lien is being released in favor of a subsequently filed lien.
Of course, considering the complex nature of the situation, it might be useful to contact a PA attorney so they can provide legal advice on the matter. If that sounds like something you're interested in, you can contact PA construction lawyers here: Top Pennsylvania Construction Lawyers.