Bill No.: SF0025                  Drafter:  JHR

LSO No.:  10LSO-0066              Effective Date:  7/1/2011

Enrolled Act No.:  SEA0053

Chapter No.:

Prime Sponsor:     Joint Judiciary Interim Committee

Catch Title:       Liens.

Subject:  Reorganizes and clarifies the process for filing specified liens.

Summary/Major Elements:

· This bill:

o Reorganizes in chronological order, the procedures necessary to perfect and enforce a construction or materialman lien;

o Provides that the procedures specified in the act do not apply to the various liens addressed in Chapters 3 through 8 of Title 29, unless specifically provided for therein;

o Specifies that the act does not affect enforcement of rights through other legal or equitable means;

o Authorizes attorney fees as specified;

o Amends substantive rights of the parties as specified;

o Expands and clarifies deadlines for filing specified forms;

o Specifies the parties who are responsible for filing and sending specified notices and forms, and to whom the notices or forms must be sent;

o Provides requirements that apply to each notice or form that is required to be filed to perfect and enforce a lien;

o Provides sample forms that, if properly filled out and sent, constitute prima facie evidence of compliance with the requirements for the form;

o Amends and creates definitions to clarify the law as it relates to liens;

o Conforms existing provisions that were not renumbered;

o Applies the act to projects commenced on or after July 1, 2011.

Comments:

· Contains delayed effective date: July 1, 2011