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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
Currentness
(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].
49 P.S. § 1301, PA ST 49 P.S. § 1301
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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