Home Table of Contents

§ 1501.2. Failure to file Notice of Furnishing

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: December 31, 2016

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: December 31, 2016
49 P.S. § 1501.2
§ 1501.2. Failure to file Notice of Furnishing
A contract for a searchable project shall include written notice that failure to file a Notice of Furnishing under section 501.3(b)1 will result in the loss of lien rights. The notice shall be as follows:
A subcontractor that fails to file a Notice of Furnishing on the Department of General Services publicly accessible Internet website as required by the act of August 24, 1963 (P.L. 1175, No. 497), known as the Mechanics' Lien Law of 1963, may forfeit the right to file a mechanics lien. It is unlawful for a searchable project owner, searchable project owner's agent, contractor or subcontractor to request, suggest, encourage or require that a subcontractor not file the required notice as required by the Mechanics' Lien Law of 1963.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 501.2, added 2014, Oct. 14, P.L. 2494, No. 142, § 2, effective Dec. 31, 2016.
HISTORICAL AND STATUTORY NOTES
Act 2014-142 legislation
Section 3 of 2014, Oct. 14, P.L. 2494, No. 142, effective in 30 days [Nov. 13, 2014], provides that “[t]he notice provisions of sections 501.2, 501.3, 501.4 and 501.5 of the act shall apply to projects commenced on or after the operational date of the directory.”
Section 4 of 2014, Oct. 14, P.L. 2494, No. 142, imd. effective, provides that “[t]he Department of General Services may designate the operational date of the State Construction Notices Directory under section 501.1(b) [49 P.S. § 1501.1(b)]. If the Department of General Services designates an operational date other than December 31, 2016, it shall transmit the designation to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.”
Section 5(2) of 2014, Oct. 14, P.L. 2494, No. 142, imd. effective, provides that “[t]he notice provisions of sections 501.2, 501.3, 501.4 and 501.5 of the act [49 P.S. §§ 1501.2 to 1501.5] shall take effect December 31, 2016, or on the date of publication of the operational date in the Pennsylvania Bulletin under section 4 of this act.”
On Dec. 29, 2016, the Department of General Services publicly announced the online availability of the State Construction Notices Directory. However, notice of a Dec. 29, 2016 operational date was not published in the Pennsylvania Bulletin. Therefore, pursuant to section 5(2) of 2014, Oct. 14, P.L. 2494, No. 142, an effective date of Dec. 31, 2016 has been assigned to 49 P.S. §§ 1501.2 to 1501.5.

Footnotes

49 P.S. § 1501.3.
49 P.S. § 1501.2, PA ST 49 P.S. § 1501.2
Current through 2018 Regular Session Act 164 (End)
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.