Bill Text: PA HB1894 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for notices by subcontractors as a condition precedent.

Spectrum: Slight Partisan Bill (Democrat 12-6)

Status: (Introduced - Dead) 2009-07-24 - Referred to LABOR RELATIONS [HB1894 Detail]

Download: Pennsylvania-2009-HB1894-Introduced.html

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PRINTER'S NO. 2513
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1894 Session of2009
INTRODUCED BY McILVAINE SMITH, BRADFORD, PAYNE, GRUCELA, HARPER, HORNAMAN, MENSCH, JOSEPHS, MOUL, KULA, ROSS, MAHONEY, SWANGER, McGEEHAN, MELIO, SIPTROTH, WALKO AND YOUNGBLOOD, JULY 24, 2009
REFERRED TO COMMITTEE ON LABOR RELATIONS, JULY 24, 2009
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 notices
by subcontractors as a condition precedent.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501 of the act of August 24, 1963
(P.L.1175, No.497), known as the Mechanics' Lien Law of 1963,
amended June 29, 2006 (P.L.210, No.52), is amended to read:
Section 501. [Formal Notice] Notices by Subcontractor as
Condition Precedent.--
(a.1) Preliminary Notice in Case of Alteration and Repair.
No claim by a subcontractor for alterations or repairs shall be
valid unless, in addition to the formal notice required by
subsection (b.1), he shall have given to the owner, on or before
the date of completion of his work, a written preliminary notice
of his intention to file a claim if the amount due or to become
due is not paid. The notice need set forth only the name of the
subcontractor, the contractor, a general description of the
property against which the claim is to be filed, the amount then
due or to become due and a statement of intention to file a
claim therefor.
(b.1) Time Period of Formal Notice. No claim by a
subcontractor, whether for erection or construction or for
alterations or repairs, shall be valid unless, at least thirty
(30) days before the same is filed, he shall have given to the
owner a formal written notice of his intention to file a claim,
except that such notice shall not be required where the claim is
filed pursuant to a rule to do so as provided by section 506.
(c) Contents of Formal Notice. The formal notice shall
state:
(1) the name of the party claimant;
(2) the name of the person with whom he contracted;
(3) the amount claimed to be due;
(4) the general nature and character of the labor or
materials furnished;
(5) the date of completion of the work for which his claim
is made;
(6) a brief description sufficient to identify the property
claimed to be subject to the lien; and
(7) the date on which the preliminary notice of intention to
file a claim was given where such notice is required by
subsection (a.1) and a copy thereof.
(d) Service of Notice. The [notice] notices provided by this
section may be served by first class, registered or certified
mail on the owner or his agent or by an adult in the same manner
as a writ of summons in assumpsit, or if service cannot be so
made then by posting upon a conspicuous public part of the
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improvement.
Section 2. This act shall take effect in 60 days.
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