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§ 1301. Right to lien; amount; subcontractor

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: September 8, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article III. Right to Lien (Refs & Annos)
Effective: September 8, 2014
49 P.S. § 1301
§ 1301. Right to lien; amount; subcontractor
(a) General Rule. Except as provided under subsection (b), every improvement and the estate or title of the owner in the property shall be subject to a lien, to be perfected as herein provided, for the payment of all debts due by the owner to the contractor or by the contractor to any of his subcontractors for labor or materials furnished in the erection or construction, or the alteration or repair of the improvement, provided that the amount of the claim, other than amounts determined by apportionment under section 306(b) of this act, shall exceed five hundred dollars ($500).
(b) Subcontractor. A subcontractor does not have the right to a lien with respect to an improvement to a residential property if:
(1) the owner or tenant paid the full contract price to the contractor;
(2) the property is or is intended to be used as the residence of the owner or subsequent to occupation by the owner, a tenant of the owner; and
(3) the residential property is a single townhouse or a building that consists of one or two dwelling units used, intended or designed to be built, used, rented or leased for living purposes. For the purposes of this paragraph, the term “townhouse” shall mean a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from foundation to roof with a yard or public way on at least two sides.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. III, § 301. Amended 2014, July 9, P.L. 1019, No. 117, § 2, effective in 60 days [Sept. 8, 2014].
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 2, Act of 1901, 49 P.S. 21, 23, which prohibited claims for alterations or repairs unless the amount exceeded $100.00. This section increases the limitation to $500.00 as more realistically related to present economic conditions. It also extends the limitation to new construction as well as alterations and repairs.
A claim under $500.00 can be speedily disposed of before an alderman or justice of the peace. In Philadelphia, where the jurisdictional limit of the magistrate's court is fixed by the Constitution of 1874 at $100.00, compulsory arbitration procedures in the County Court provide for speedy disposition of civil actions. While the filing of a mechanics' lien in the case of alteration and repairs affords a lien from date of filing and a lien in a civil action dates only from verdict, the balancing of the equities and the desirability of the free alienation of property justifies increasing the exemption to $500.00.
HISTORICAL AND STATUTORY NOTES
Prior Laws:
1901, June 4, P.L. 431, § 2.
49 P.S. §§ 21, 23.
49 P.S. § 1301, PA ST 49 P.S. § 1301
Current through 2018 Regular Session Act 164 (End)
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