Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-22
THE LIEN LAW.

IIew the Reesni Dseisies Will ftsnsat Poo,
md Ismesi Commemorative ef Bald.
ers and Lawyers-The Next Legislators
MAY Pass New Lien law.
The state Supreme Court recently decided
IN two separate cases that O sub-eoniraetoi
engaged in the erection Of building has no
lien against the building II the contract be.
tween the owner and principal contractor
provides that the building shall be delivered
free Of liens. All contracts contain that
proviso, but heretofore II was not supposed
that II affected sub-contractors and material
men, who are not parties to the contract and
whose lien ID given to them BY statute as an
extraordinary remedy.
This Interpretation OF the law practically
wipes out the mechanics lien law, which
has been In operation since 1906, and makes
all people who do work on or furnish ma
terial for new building look to the princi-
pal contractor alone for their money. Its
effects will be far-reachipg, and the parties
interested in IL have not yet grasped its full
meaning. The general opinion thus far Is
very much in favor Of the decision as tend
ing TO freeze out all dishonest contractors
and raising such transactions to a higher
level. When the bricklayers, pfasterers,
masons, painters lum Der dealers and others
find, however, that they will not have the
slightest claim against building on which
they are working, different story will be
told.
Builders and contractors who deal d.
rectly with the owners will be benefited by
the decision, and are very we'll satisfied
with IT, A well-known builder said the
III. IA
builders, but II would be fair TO owners who
have heretofore been compelled Ia some
cases to pay twice for the same work. "In
all the years have been In business" said
he, 81 have never had 10 enter lien against
building. The law has Its good points,
but it has been greatly abused. A dis
honest contractor could easily keep all the
money, skimp his work and refuse to pay
the sub-contractors Liens were fled
against the owner, and rather than have q
blur on his title he paid for large part Of
the work n second time. Principal con-
tractors are now required to enter heavy
security, but the new ruling will relieve
them OF that. Honest and reliable con-
tractors will be benefited by the decision,
but dishonest and tricky ones will be driven
out OF business"
Among lawyers the decision has been
generally accepted as good law, and the
opinion Is generally expressed that there
should be no lien law whatever. 81 think
the outcome of the matter will be-" said o
well-known lawyer, "that q new lien law
will be passed by the next Legislature. or
course, the Supreme Court Is right. As the
new Interpretation puts Il the mechanics
will suffer In some particulars and be bene-
fted In others. The same thing is true Of
the owners. I believe IL would be n good
thing 10 abolish the Law altogether"
Another lawyer said the decision was q
very material departure from what had
heretofore been regarded as the law, but he
thought that II the Supreme Court stood by
the decision In every particular Il would be
good thing. Under the old ruling a dis |
honest contractor could undefbid all COM
pelitofs, do part Of The work, draw about
hall The in6ney and then refuse 10 pay The
iheh. With The fear Of lien hanging over
his property. The owner was compelled 10
nay The men, although he had already paid
the contractor, P6ef aud honest builders
we're the Heh who weuid be mostly bebe.
hted bY The new ruling,
Other lawyers we're also ef The same
6piHieH, and united IN saYihg that lhs dseis
sian waBld bs we'll received when thoroughly
understood,