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§ 1501. Formal notice by subcontractor as condition precedent

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 V. Filing and Perfecting Claim; Discharge of Lien
Effective: January 1, 2007
49 P.S. § 1501
§ 1501. Formal notice by subcontractor as condition precedent
(a), (b) Deleted by 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007.
(b.1) Time Period of Formal Notice. No claim by a subcontractor, whether for erection or construction or for alterations or repairs, shall be valid unless, at least thirty (30) days before the same is filed, he shall have given to the owner a formal written notice of his intention to file a claim, except that such notice shall not be required where the claim is filed pursuant to a rule to do so as provided by section 506.1
(c) Contents of Formal Notice. The formal notice shall state:
(1) the name of the party claimant;
(2) the name of the person with whom he contracted;
(3) the amount claimed to be due;
(4) the general nature and character of the labor or materials furnished;
(5) the date of completion of the work for which his claim is made;
(6) a brief description sufficient to identify the property claimed to be subject to the lien.
(d) Service of notice. The notice provided by this section may be served by first class, registered or certified mail on the owner or his agent or by an adult in the same manner as a writ of summons in assumpsit, or if service cannot be so made then by posting upon a conspicuous public part of the improvement.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 501. Amended 2006, June 29, P.L. 210, No. 52, § 3, effective Jan. 1, 2007.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
This section clarifies and continues the practice under Sections 2 and 8, Act of 1901 (Section 8 amended 1909, March 24, P.L. 65), 49 P.S. 23, 101, which required two separate notices by a subcontractor in claims for alterations and repairs and only one notice in claims for new construction. However, this section makes an important change by making the time for final notice uniform, abolishing the distinction between new construction and alterations and repairs in this respect.
Subsection (c) conforms the contents of the formal notice to the required contents of the claim itself and to avoid duplication of paper work it is expressly provided that the notice may consist of a copy of the claim intended to be filed.
The service provisions of Sections 2 and 8, Act of 1901, 49 P.S. 23, 101, are clarified and codified by providing for service in the same manner as a writ of summons in assumpsit.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 2, 8.
1909, March 24, P.L. 65, § 1.
49 P.S. §§ 23, 101.

Footnotes

49 P.S. § 1506.
49 P.S. § 1501, PA ST 49 P.S. § 1501
Current through 2018 Regular Session Act 164 (End)
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