Home Table of Contents

§ 1405. Right of owner to limit claims to unpaid balance of contract price

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: January 1, 2007

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article IV. Waiver of Lien; Effect of Filing
Effective: January 1, 2007
49 P.S. § 1405
§ 1405. Right of owner to limit claims to unpaid balance of contract price
Where the claims of subcontractors exceed in the aggregate the unpaid balance of the contract price specified in the contract between the owner and the contractor, then if the subcontractor has actual notice of the total amount of said contract price and of its provisions for the time or times for payment thereof before any labor or materials were furnished by him, or if such contract or the pertinent provisions thereof were filed in the office of the prothonotary in the time and manner provided in section 402,1 each claim shall, upon application of the owner, be limited to its pro-rata share of the contract price remaining unpaid, or which should have remained unpaid, whichever is greatest in amount at the time notice of intention to file a claim was first given to the owner, such notice inuring to the benefit of all claimants.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. IV, § 405. Amended 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Taken from Sections 17 and 18, Act of 1901, 49 P.S. 76, 77. Omitted as unnecessary procedural detail are the provisions authorizing stay of execution, payment into court, etc., all of which the court can control under general equitable principles by general rule or special order.
The provisions of Section 17, Act of 1901, for payment into court and discharge of lien are now found in Section 510 of this Act.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 17, 18.
49 P.S. §§ 76, 77.

Footnotes

49 P.S. § 1402.
49 P.S. § 1405, PA ST 49 P.S. § 1405
Current through 2018 Regular Session Act 76
End of Document© 2018 Thomson Reuters. No claim to original U.S. Government Works.