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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY WARD, BAKER, EARLL, WAUGH, SOLOBAY, FOLMER, ALLOWAY, McILHINNEY, EICHELBERGER, FONTANA, FERLO, SMUCKER, MENSCH AND RAFFERTY, MAY 31, 2012 |
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| REFERRED TO LABOR AND INDUSTRY, MAY 31, 2012 |
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| AN ACT |
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1 | Amending the act of August 24, 1963 (P.L.1175, No.497), entitled |
2 | "An act to codify, amend, revise and consolidate the laws |
3 | relating to mechanics' liens," further providing for right to |
4 | lien and amount and for discharge of lien on payment into |
5 | court or entry of security. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 301 of the act of August 24, 1963 |
9 | (P.L.1175, No.497), known as the Mechanics' Lien Law of 1963, is |
10 | amended to read: |
11 | Section 301. Right to Lien; Amount; Subcontractor.--[Every] |
12 | (a) General rule. Except as provided under subsection (b), |
13 | every improvement and the estate or title of the owner in the |
14 | property shall be subject to a lien, to be perfected as herein |
15 | provided, for the payment of all debts due by the owner to the |
16 | contractor or by the contractor to any of his subcontractors for |
17 | labor or materials furnished in the erection or construction, or |
18 | the alteration or repair of the improvement, provided that the |
19 | amount of the claim, other than amounts determined by |
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1 | apportionment under section 306(b) of this act, shall exceed |
2 | five hundred dollars ($500). |
3 | (b) Subcontractor. A subcontractor does not have the right |
4 | to a lien with respect to an improvement to a residential |
5 | property if: |
6 | (1) the owner or tenant paid the full contract price to the |
7 | contractor; and |
8 | (2) the property is or is intended to be used as the |
9 | residence of the owner or tenant. |
10 | Section 2. Section 510 heading of the act is amended and the |
11 | section is amended by adding a subsection to read: |
12 | Section 510. Discharge of Lien [on Payment into Court or |
13 | Entry of Security].-- |
14 | * * * |
15 | (f) Residential property. A claim filed under this act with |
16 | respect to an improvement to a residential property subject to |
17 | section 301(b) shall, upon petition or motion to the court by |
18 | the owner or a party in interest, be discharged as a lien |
19 | against the property when: |
20 | (1) the owner or tenant has paid the full contract price to |
21 | the contractor; or |
22 | (2) the lien shall be reduced to the amount of the unpaid |
23 | contract price owed by the owner or tenant to the contractor. |
24 | Section 3. This act shall take effect in 60 days. |
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