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§ 1506. Rule to file 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. § 1506
§ 1506. Rule to file claim
(a) Entry of rule; effect. At any time after the completion of the work by a subcontractor, any owner or contractor may file a rule or rules, as of course, in the court in which said claim may be filed; requiring the party named therein to file his claim within thirty (30) days after notice of said rule or be forever barred from so doing. The rule shall be entered by the prothonotary upon the judgment index and in the mechanics' lien docket. Failure to file a claim within the time specified shall operate to wholly defeat the right to do so. If a claim be filed, it shall be entered as of the court, term and number of the rule to file the same.
(b) Effect of claim filed by subcontractor. Where a claim is filed by a subcontractor in response to such rule, the owner may give written notice thereof to the contractor in the manner set forth by section 6021 of this act, and upon the giving of such notice the owner may avail himself of the remedies provided by sections 601 and 6042 of this act and the contractor shall be subject to the duties set forth by section 603 of this act.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. V, § 506.
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 7, Act of 1901, 49 P.S. 51. The duties of the contractor and the remedies of the owner upon the filing of the claim are governed by Section 601, et seq., infra. The time for filing the claim in response to the rule has been extended from 15 to 30 days. Although the contractor is given the right to file a rule, neither the Act of 1901, supra, nor this act require the claimant to serve a copy of the claim on the contractor, but only on the owner who then gives notice to the contractor under Section 602 of this act.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 7.
49 P.S. § 51.

Footnotes

49 P.S. § 1602e.
49 P.S. §§ 1601 and 1604.
49 P.S. § 1506, PA ST 49 P.S. § 1506
Current through 2018 Regular Session Act 164 (End)
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