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§ 1501.3. Notice of Commencement and 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. § 1501.3
§ 1501.3. Notice of Commencement and Notice of Furnishing
(a) Notice of Commencement.
(1) Prior to the commencement of labor, work or the furnishing of materials for a searchable project that may give rise to a mechanics' lien under this act, the searchable project owner or agent of the searchable project owner may file a Notice of Commencement with the directory.
(2) A contractor may act as agent for the searchable project owner and file a Notice of Commencement for the searchable project owner of a searchable project if specifically authorized by contract and the searchable project owner assumes responsibility for the contractor's actions.
(3) The notice must include the following:
(i) Full name, address and e-mail address of the contractor.
(ii) Full name and location of the searchable project.
(iii) The county in which the searchable project is located.
(iv) The legal description of the property upon which the improvements are being made, including the tax identification number of each parcel included in the searchable project.
(v) Full name, address and e-mail address of the searchable project owner of record of the property and the searchable project being constructed.
(vi) If applicable, the full name, address and e-mail address of a surety for the performance and payment bonds and the bond numbers.
(vii) The unique identifying number that is assigned to the Notice of Commencement pursuant to section 501.1(e)(1).1
(4) The searchable project owner shall also conspicuously post a copy of the Notice of Commencement at the site of a searchable project before physical work commences on the project to include the unique identifying number assigned under section 501.1(e)(1). The searchable project owner shall take reasonable measures to ensure that the Notice of Commencement remains posted at the searchable project site until completion of the project. For the purposes of this paragraph, the term “reasonable measures” means the reposting of notice by the searchable project owner within forty-eight (48) hours after becoming aware of or being notified verbally, in writing or by e-mail that the notice is not posted.
(5) The searchable project owner and the contractor shall make reasonable efforts to ensure that the Notice of Commencement is made part of contract documents provided to all subcontractors awarded work on the searchable project.
(b) Notice of Furnishing. A subcontractor that performs work or services or provides material in furtherance of a searchable project shall comply with the following if a Notice of Commencement has been filed and posted in accordance with subsection (a):
(1) File a Notice of Furnishing with the directory within forty-five (45) days after first performing work or services at the job site or first providing materials to the job site in connection with the searchable project.
(2) The notice under paragraph (1) must contain the following:
(i) A general description of the labor or materials furnished.
(ii) Full name and address of the person supplying the services or items under subparagraph (i).
(iii) Full name and address of the person that contracted for the services or items under subparagraph (i).
(iv) A description sufficient to identify the searchable project, based on the description in the Notice of Commencement.
(3) The notice under paragraph (1) must be substantially in the following form:
Notice of Furnishing
To:
(Name of searchable project owner)
(Address of searchable project owner)
(Notice of Commencement Number)
Please take notice that the undersigned is performing certain work or labor or furnishing certain materials ..................... to (Name and address of other contracting party) in connection with the improvement to the real property located at ....................... The labor, work or materials were performed or furnished first, or will be furnished first, on ....... (date).
(Name and Address of Lien Claimant)
By
(Name and capacity of party signing for lien claimant)
(Address of Signing Party)
(Date)
(c) Construction. A subcontractor that fails to substantially comply with this section forfeits the right to file a lien claim.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 501.3, 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. § 1501.1.
49 P.S. § 1501.3, PA ST 49 P.S. § 1501.3
Current through 2018 Regular Session Act 164 (End)
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