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Pennsylvania State Senate
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Senate of Pennsylvania
Session of 2013 - 2014 Regular Session

MEMORANDUM

Posted: December 3, 2012 10:13 AM
From: Senator Kim L. Ward
To: All Senate members
Subject: Memo #3 - Amendment to Mechanics’ Lien Law
 
I plan to reintroduce Senate Bill 1495 of last session, which amends the Mechanic’s Lien law to eliminate mechanic’s lien rights for subcontractors who performed work on residential property, if the property owner has already paid the prime contractor in full.

Last year, several out-of-state roofing companies set up shop to replace tornado damaged homes in my district. One particular company, Prime Roofing LLC., from Texas, completed a number of jobs for residents and failed to pay their roofing supplier. In turn, the roofing supplier exercised its right to file mechanic’s liens against the property owners even though the property owners paid the contact price with Prime Roofing LLC in full.

Even with proper documentation showing they paid the primary contractor, the sub-contractor still filed the lien in accordance with existing Pennsylvania law. Prime Roofing LLC., left town and disconnected their contact sources, leaving these residents to fight the sub-contractor on their own.

With natural disasters becoming more frequent, this bill will give property owners protection from unscrupulous business practices.

Previous co-sponsors of this legislation included Senators: BAKER, WAUGH, SOLOBAY, FOLMER, ALLOWAY, McILHINNEY, EICHELBERGER, FONTANA, FERLO, SMUCKER, MENSCH and RAFFERTY.

If you have any questions regarding this legislation, please do not hesitate to contact my office at 717-787-6063.



Introduced as SB145