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.