AMENDMENT FOR PRINTED BILL
103ja

___________________ moved that SB 103 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section  1.  Each prime contractor or subcontractor shall give to the owner or the owner's agent, within thirty days of providing any materials or services by the contractor or subcontractor, a written notice which shall be receipted by the owner or the owner's agent and include the following language in ten point bold type:

NOTICE TO OWNER

FAILURE OF THIS PRIME CONTRACTOR OR SUBCONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC'S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT. TO AVOID THIS RESULT, WHEN PAYING FOR LABOR AND MATERIALS YOU MAY ASK THIS PRIME CONTRACTOR OR SUBCONTRACTOR FOR A LIEN WAIVER FROM ANY PERSON SUPPLYING MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THIS CONTRACT. FAILURE TO SECURE A LIEN WAIVER MAY RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE.

     This section applies to the contractual and legal obligations of the owner, including the initial purchase price or contract amount plus any additions or change orders, to the prime contractor or subcontractor for the purpose of payment to any subcontractor or supplier of materials or services to the job if:

             (1)    The property is an existing single-family dwelling unit;

             (2)    The property is a residence constructed by the owner or under a contract entered into by the owner prior to its occupancy as a primary residence; or

             (3)    The property is a single-family, owner-occupied dwelling unit, including a residence constructed and sold for occupancy as a primary residence. This subdivision does not apply to a developer or builder of multiple residences.

     Section  2.  No lien in favor of the prime contractor or subcontractor may be filed unless the contractor or subcontractor has complied with section 1 of this Act. Notice by any contractor or subcontractor that complies with section 1 of this Act relieves any remaining contractors or subcontractors under the same contract of any obligations under section 1 of this Act."