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§ 1504. Amendment 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 V. Filing and Perfecting Claim; Discharge of Lien
49 P.S. § 1504
§ 1504. Amendment of claim
A claim may be amended from time to time without prejudice to intervening rights by agreement of the parties or by leave of court, except that no amendment shall be permitted after the time for filing a claim has expired which undertakes to:
(1) substitute a different property than that described in the claim; or
(2) substitute a different party with whom the claimant contracted; or
(3) increase the aggregate amount of the claim.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 504.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 51, Act of 1901, 49 P.S. 243. Clause (3) is new and is added to make clear that so long as the total amount of the claim is not increased, amendments which change itemizations or break down lump sums are permissible. The decisional law was in conflict on this point.
The omission of the words “entirely” before “different property” and “wholly” before “different party” which appeared in the Act of 1901 are not intended to change prior decisional law. These words were considered unnecessary and the omissions are purely stylistic.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 51.
49 P.S. § 243.
49 P.S. § 1504, PA ST 49 P.S. § 1504
Current through 2018 Regular Session Act 164 (End)
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