Bill Text: PA HB710 | 2011-2012 | Regular Session | Amended

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Bill Title: Further providing for right to lien and amount and for discharge of lien on payment into court or entry of security.

Spectrum: Moderate Partisan Bill (Republican 19-4)

Status: (Introduced - Dead) 2012-10-15 - Laid on the table [HB710 Detail]

Download: Pennsylvania-2011-HB710-Amended.html

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PRIOR PRINTER'S NO. 724 PRINTER'S NO. 4135
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 710 Session of2011
INTRODUCED BY GODSHALL, BOYD, V. BROWN, CLYMER, FABRIZIO, HARPER, KORTZ, MARSICO, MILLARD, MILLER, MILNE, O'NEILL, SAYLOR, TRUITT, VULAKOVICH, PERRY, QUINN, MICOZZI, HESS, SWANGER, DENLINGER, FARRY AND KULA, FEBRUARY 16, 2011
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 1, 2012
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 and for discharge of lien on payment into <--
court or entry of security.
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 301. Right to Lien; Amount; Subcontractor.--[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. A subcontractor does not have the right
to a lien with respect to an improvement to a residential
property if:
(1) the owner or tenant paid the full contract price to the
contractor;
(2) the property is or is intended to be used as the
residence of the owner or tenant; and
(3) the residential property is a building that consists of
one or two dwelling units used, intended or designed to be
built, used, rented or leased for living purposes.
Section 2. Section 510 heading of the act is amended and the
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section is amended by adding a subsection to read:
Section 510. Discharge of Lien [on Payment into Court or
Entry of Security].--
* * *
(f) Residential property. A claim filed under this act with
respect to an improvement to a residential property subject to
section 301(b) shall, upon petition or motion to the court by
the owner or a party in interest, be discharged as a lien
against the property when:
(1) the owner or tenant has paid the full contract price to
the contractor; or
(2) the lien shall be reduced to the amount of the unpaid
contract price owed by the owner or tenant to the contractor.
Section 2 3. The amendment of section sections 301 and 510 <--
of the act shall apply to contracts entered into on or after the
effective date of this section.
Section 3 4. This act shall take effect in 60 30 days. <--
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