Bill Text: PA SB882 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for the right to lien by a subcontractor.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-05-27 - Referred to LABOR AND INDUSTRY [SB882 Detail]

Download: Pennsylvania-2009-SB882-Introduced.html

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PRINTER'S NO. 1052
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 882 Session of2009
INTRODUCED BY RAFFERTY AND DINNIMAN, MAY 27, 2009
REFERRED TO LABOR AND INDUSTRY, MAY 27, 2009
AN ACT
Amending the act of August 24, 1963 (P.L.1175, No.497), entitled
"An act to codify, amend, revise and consolidate the laws
relating to mechanics' liens," further providing for the
right to lien by a subcontractor.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 301 of the act of August 24, 1963
(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963, is
amended to read:
Section 301. Right to Lien; Amount.--[Every]
(a) General rule.--Except as provided under subsection (b),
every improvement and the estate or title of the owner in the
property shall be subject to a lien, to be perfected as herein
provided, for the payment of all debts due by the owner to the
contractor or by the contractor to any of his subcontractors for
labor or materials furnished in the erection or construction, or
the alteration or repair of the improvement, provided that the
amount of the claim, other than amounts determined by
apportionment under section 306(b) of this act, shall exceed
five hundred dollars ($500).
(b) Subcontractor exception.--Notwithstanding any other
provision of this act, if the contractor has been paid in full a
subcontractor may not file a claim against residential property
unless the owner provides a written waiver to the subcontractor
to file a claim.
Section 2. The amendment of section 301 of the act shall
apply to contracts entered into on or after the effective date
of this section.
Section 3. This act shall take effect in 60 days.
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