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§ 1406. Right of subcontractor to rescind after notice of contract provisions

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 IV. Waiver of Lien; Effect of Filing
49 P.S. § 1406
§ 1406. Right of subcontractor to rescind after notice of contract provisions
Any provisions of a contract between the owner and the contractor, which reduce or impair the rights and remedies of a subcontractor or which postpone the time for payment by the owner to the contractor for a period exceeding four (4) months after completion of the work, shall be grounds for recision by the subcontractor of his contract with the contractor, unless such subcontractor was given actual notice thereof prior to the time of the making of his contract with the contractor, or the contract or the pertinent provisions thereof were filed in the office of the prothonotary in the time and manner provided by section 402.1 Such recision shall not impair the right of the subcontractor to recover by lien or otherwise for work completed prior thereto.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. IV, § 406.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 19, Act of 1901, 49 P.S. 78. The provisions of Section 16, Act of 1901, 49 P.S. 75, giving the subcontractor a right to rescind where the contract between the owner and contractor provide for payment in other than legal tender are omitted as unnecessary in view of the general language of this section. In the rare case where payment is to be made in other than legal tender and there has been no recision, the court will adjudicate the right of the parties upon equitable principles. It was deemed unnecessary to specifically declare this practice.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, §§ 16, 19.
49 P.S. §§ 75, 78.

Footnotes

49 P.S. § 1402.
49 P.S. § 1406, PA ST 49 P.S. § 1406
Current through 2018 Regular Session Acts 1 to 87, 89 to 94, 97, 105, 107, 108, 111, 115, 124, 128, 131 to 133, 145, 153, 156, 158, 159, 161, 163 and 164
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