Home Table of Contents

§ 1602. Notice to contractor of claim

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 VI. Duties and Remedies of Owner and Contractor on Notice of Intention to File or on Filing of Claim by Subcontractor
49 P.S. § 1602
§ 1602. Notice to contractor of claim
(a) An owner served with a notice as provided by section 6011 may, and if he has retained any funds due the contractor shall, give written notice thereof to the contractor named.
(b) The notice shall state:
(1) the name of the subcontractor, the amount of the claim and the amount withheld, if any, by the owner;
(2) that unless the contractor within thirty (30) days from service of the notice settles, undertakes to defend, or secures against the claim as provided by section 603,2 the owner may avail himself of the remedies provided by section 604.3
(c) The notice may be given by the owner or his agent to the contractor personally, or to the contractor's manager, executive or principal officer or other agent, or if none of these persons can be found, by sending a copy of the notice by first class, registered or certified mail to the contractor at his last known office address.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. VI, § 602.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Subsection (a). Adapted from Section 9, Act of 1901, 49 P.S. 102.
Subsection (b). Adapted from Section 9, Act of 1901, 49 P.S. 102. The time within which the contractor must act upon the notice is extended from 15 days, as provided by the Act of 1901, to 30 days.
Subsection (c). This subsection providing for the manner of service is new. Section 9, Act of 1901, supra, required the owner to serve the notice “upon the party personally liable for the debt” and did not prescribe the manner of service.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 9.
49 P.S. § 102.

Footnotes

49 P.S. § 1601.
49 P.S. § 1603.
49 P.S. § 1604.
49 P.S. § 1602, PA ST 49 P.S. § 1602
Current through 2018 Regular Session Act 164 (End)
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.