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§ 1306. Consolidation or apportionment of claims

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' Liens

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article III. Right to Lien (Refs & Annos)
49 P.S. § 1306
§ 1306. Consolidation or apportionment of claims
(a) Consolidation of claims. Where a debt is incurred for labor or materials furnished continuously by the same claimant for work upon a single improvement but under more than one contract, the claimant may elect to file a single claim for the entire debt. In such case, “completion of the work” shall not be deemed to occur with respect to any of the contracts until it has occurred with respect to all of them.
(b) Apportionment of claims. Where a debt is incurred for labor or materials furnished by the same claimant for work upon several different improvements which do not form all or part of a single business or residential plant, the claimant shall file separate claims with respect to each such improvement, with the amount of each claim determined by apportionment of the total debt to the several improvements, and in such case, the amount of each separate claim may be less than five hundred dollars ($500), provided that the total debt exceeds five hundred dollars ($500). In no other case shall an apportioned claim be allowed.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. III, § 306.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 12, Act of 1901, 49 P.S. 54, 55. The section is clarified to apply to both business or residential plants. Previous decisions under Section 12, Act of 1901, which used only the word “plant,” held that it was applicable only to structures used to carry on trade or business. The use of the words “residential plant” is not intended to change the previous law that a single claim cannot be filed against an entire row of separate residential dwellings. Todd v. Gernert, 223 Pa. 103 (1909), 72 A. 249.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 12.
49 P.S. §§ 54, 55.
49 P.S. § 1306, PA ST 49 P.S. § 1306
Current through 2018 Regular Session Act 164 (End)
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