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§ 1501.4. Notice of Completion for Informational Purposes Only

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. § 1501.4
§ 1501.4. Notice of Completion for Informational Purposes Only
(a) General Rule. Within forty-five (45) days of the actual completion of work on a searchable project, a searchable project owner may file a Notice of Completion in the directory to be indexed with the original Notice of Commencement. The notice shall be transmitted via the directory to all subcontractors who have filed Notices of Furnishing. For the purposes of this paragraph, the term “actual completion of work” shall mean the following:
(1) The issuance of an occupancy permit to the searchable project owner, or his agent, and the acceptance by the searchable project owner, or his agent, of the work accompanied by cessation of all work on the searchable project; or
(2) The cessation of all work on the searchable project for thirty (30) consecutive days, provided that work is not resumed under the same contract.
(b) Nonpayment. Subcontractors who have not received full payment for their work, or for goods or services, on a searchable project may file a Notice of Nonpayment with the searchable project owner or the searchable project owner's agent or the subcontractor in the directory for informational purposes only. The failure to file a Notice of Nonpayment by a subcontractor shall not be construed to affect or limit their rights under this act. Filing of a Notice of Nonpayment shall not relieve a subcontractor from complying with other written notice requirements under this act.
(c) Court. A notice of completion shall not be considered by a court in determining compliance with timing requirements under this act or in determining the completion date for a timing purpose, including limitation periods or warranty obligations.
(d) Effect. The filing of a notice of completion is purely precatory and is not dispositive of any relationship among the parties.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 501.4, 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.
49 P.S. § 1501.4, PA ST 49 P.S. § 1501.4
Current through 2018 Regular Session Act 164 (End)
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