THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GODSHALL, BOYD, V. BROWN, CLYMER, FABRIZIO, HARPER, KORTZ, MARSICO, MILLARD, MILLER, MILNE, O'NEILL, SAYLOR, TRUITT, VULAKOVICH AND PERRY, FEBRUARY 16, 2011

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 16, 2011  

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 right to

lien and amount.

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 on Residential Property. 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.