June 6, 2014
In Pennsylvania, there is legislation advancing in both the House and the Senate related to lien law. In the House, Rep. Thomas Killion is pushing revamped legislation to amend the state's 20-year-old Contractor and Subcontractor Payment law. The Republican lawmaker argues there are too many elements in the current statute that actually impede the ability of subcontractors to collect money owed to them by problem property owners or developers. A previous effort (HB 1602) spearheaded by Killion seeking to help subcontractors with payment on private construction projects passed the House by a 190-8 margin, yet it was not picked up for action by the Senate prior to the 2013-2014 Pennsylvania General Assembly session.
This time, there seems to be renewed interest in his HB 473. Among interesting new provisions and/or clarifications of old ones are:
- Owners or their agents must "conspicuously" post a copy of a Notice of Commencement at a project site before physical work commences on a property.
- Subcontractors must file a Notice of Furnishing with the directory within 20 days after the first performing work or services or provision of materials.
- Notices of Commencement must, if applicable, must include the full name, address and email of a surety for the performance and payment bonds and all bond numbers.