Official summary
SF0046
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.