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."