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§ 1604. Additional remedies of owner

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. § 1604
§ 1604. Additional remedies of owner
Should the contractor fail to settle, discharge or defend or secure against the claim, as provided by this act, the owner may:
(1) pay the claim of the subcontractor, upon which payment the owner shall be subrogated to the rights of the subcontractor against the contractor together with any instrument or other collateral security held by the subcontractor for the payment thereof; or
(2) undertake a defense against said claim in which case the contractor shall be liable to the owner for all costs, expenses and charges incurred in such defense, including reasonable attorneys' fees, whether said defense be successful or not, but the undertaking of such defense shall not affect the right of the owner to retain funds of the contractor under section 601 until the subcontractor's1 claim is finally defeated or discharged.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. VI, § 604.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Subdivision (1). Adapted from Sections 8 and 9, Act of 1901, Section 8 amended 1909, March 24, P.L. 65, 49 P.S. 101, 102, 104. Under Section 8, as amended, the only remedy of the owner, unless approved security was given to indemnify him from loss, was to retain a sum sufficient to protect him.
Subdivision (2). This clause clarifies the right of the owner to defend.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 8, 9, 35.
1909, March 24, P.L. 65, § 1.
49 P.S. §§ 101, 102, 104, 156.

Footnotes

Enrolled bill reads “contractor's”.
49 P.S. § 1604, PA ST 49 P.S. § 1604
Current through 2018 Regular Session Act 164 (End)
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