Bill No.: SF0046                  Drafter:  MDO

 

LSO No.:  12LSO-0186              Effective Date:  July 1, 2012

 

Enrolled Act No.:  SEA0027

 

Chapter No.:       CH0035

 

Prime Sponsor:     Senator Martin

 

Catch Title:       Liens-fuel consumed in a project.

 

Summary/Major Elements:

 

·         Provides that "fuels and lubricants" consumed in a project are "material" for purposes of materials which may be secured by a construction lien under Title 29, Chapter 2 and for which a contractor, subcontractor or materialman is entitled to recover the cost of supplying by judicial foreclosure of the lien.

 

·         Previously, a contractor, subcontractor or materialman could not secure a debt for fuel or lubricants consumed in a project through a construction lien.  The contractor, subcontractor or materialman could only be compensated for such materials through prevailing in a suit under a contract, unjust enrichment or other theory and then either receiving payment from the debtor or by placing a judicial lien on the improvement on real property.

 

Comments:

 

·         This act applies only to fuels or lubricants furnished to a construction project on or after July 1, 2012.