fixtures, machinery or equipment reasonably necessary for and
actually used therein; or any or all of the foregoing, whether
as superintendent, builder [or], materialman, architect,
engineer or other licensed design professional. [The term also
includes an architect or engineer who, by contract with the
owner, express or implied, in addition to the preparation of
drawings, specifications and contract documents also
superintends or supervises any such erection, construction,
alteration or repair.]
(5) "Subcontractor" means one who, by contract with the
contractor, or pursuant to a contract with a subcontractor in
direct privity of a contract with a contractor, express or
implied, erects, constructs, alters or repairs an improvement or
any part thereof; or furnishes labor, skill or superintendence
thereto; or supplies or hauls materials, fixtures, machinery or
equipment reasonably necessary for and actually used therein; or
any or all of the foregoing, whether as superintendent, builder
[or], materialman, architect, engineer or other licensed design
professional. The term does not include [an architect or
engineer who contracts with a contractor or subcontractor, or] a
person who contracts with a materialman or a person who
contracts with a subcontractor not in direct privity of a
contract with a contractor.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0430PN0468 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25