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PRINTER'S NO. 1104
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
879
Session of
2021
INTRODUCED BY SAVAL, TARTAGLIONE, HUGHES, FONTANA, SANTARSIERO,
HAYWOOD, SABATINA, MUTH, KANE, COMITTA, STREET, A. WILLIAMS,
COSTA, COLLETT AND SCHWANK, SEPTEMBER 27, 2021
REFERRED TO LABOR AND INDUSTRY, SEPTEMBER 27, 2021
AN ACT
Amending the act of July 14, 1961 (P.L.637, No.329), entitled
"An act relating to the payment of wages or compensation for
labor or services; providing for regular pay days; conferring
powers and duties upon the Department of Labor and Industry,
including powers and duties with respect to the civil
collection of wages; providing civil and criminal penalties
for violations of the act; providing for their collection and
disposition and providing for additional civil damages,"
further providing for definitions; and providing for specific
liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2.1 of the act of July 14, 1961 (P.L.637,
No.329), known as the Wage Payment and Collection Law, is
amended by adding definitions to read:
Section 2.1. Definitions.--The following words and phrases
when used in this act shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Construction contract." An agreement, whether written or
oral, to perform work on real property in this Commonwealth.
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"Construction services." The term includes any of the
following services provided in connection with the improvement
of real property located in this Commonwealth:
(1) Construction.
(2) Reconstruction.
(3) Improvements.
(4) Additions.
(5) Painting.
(6) Alterations.
(7) Maintenance.
(8) Repair.
* * *
"General contractor." A person who is authorized or engaged
by an owner under a construction contract to improve real
property.
* * *
"Subcontractor." A person who has entered into a
construction contract to furnish labor or materials to or has
performed labor for a general contractor or another
subcontractor in connection with the provision of construction
services.
* * *
Section 2. The act is amended by adding a section to read:
Section 9.2. Specific Liability.--(a) In an action under
section 9.1 of this act, a general contractor is jointly and
severally liable for a violation of this act that is committed
by a subcontractor who provides labor or materials for
construction services for the real property that is the subject
of the construction contract, regardless of whether the
subcontractor is in direct contractual relationship with the
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general contractor.
(b) A subcontractor shall indemnify the general contractor
for wages, damages, interest and attorney fees paid by the
general contractor pursuant to subsection (a) as a result of the
subcontractor's violation of this act, except as provided in
subsection (c).
(c) A subcontractor shall not be required to indemnify the
general contractor pursuant to subsection (b) if either of the
following conditions applies:
(1) indemnification is provided for in the construction
contract between the general contractor and the subcontractor;
or
(2) a violation of the act arose due to a lack of prompt
payment in accordance with the terms of the construction
contract between the general contractor and the subcontractor.
Section 3. This act shall apply to construction contracts
entered into on or after the effective date of this section.
Section 4. This act shall take effect in 60 days.
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