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§ 1501.6. Prohibition

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: November 13, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article V. Filing and Perfecting Claim; Discharge of Lien
Effective: November 13, 2014
49 P.S. § 1501.6
§ 1501.6. Prohibition
(a) Unlawful Acts. It shall be unlawful for a searchable project owner or the searchable project owner's agent, a contractor or subcontractor to suggest, request, encourage or require that a subcontractor not file a Notice of Furnishing as a condition of entering into, continuing, receiving or maintaining a contract for work or furnishing of materials on a searchable project. A person that violates this subsection commits a misdemeanor of the second degree.
(b) Lien by subcontractor. A subcontractor has the right to file a lien for the work and services performed and the materials furnished under this act, irrespective of compliance with section 501.3(b),1 if the subcontractor proves that the failure to comply with section 501.3(b) was directly the result of a searchable project owner, the searchable project owner's agent or the contractor violating subsection (a).
(c) Cause of Action. A subcontractor shall have a civil cause of action if the subcontractor proves that failure to comply with section 501.3(b) was the result of a searchable project owner or searchable project owner's agent, or a contractor or subcontractor, violating subsection (a) in order to recover damages for any loss or injury sustained as a result of the violation from a person who commits a violation. The civil cause of action shall only be applied to the entity that violates subsection (a). A court of competent jurisdiction may award to the subcontractor actual damages arising from the violation, reasonable attorneys fees and court costs.
(d) Abuse. A person abuses the directory if the person files a notice in the directory:
(1) Without a good faith reason to do so.
(2) With the intent to exact more payment than is due from the searchable project owner or other party.
(3) To obtain an unjustified advantage or benefit.
(e) Damages. A person who abuses the directory under subsection (d) shall be liable for the amount of actual damages or $2,000, whichever is greater.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 501.6, added 2014, Oct. 14, P.L. 2494, No. 142, § 2, effective in 30 days [Nov. 13, 2014].

Footnotes

49 P.S. § 1501.3.
49 P.S. § 1501.6, PA ST 49 P.S. § 1501.6
Current through 2018 Regular Session Act 164 (End)
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