The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1929-07-27
URGE CHANGES
IN MECHANICS
LIEN LAWS

a demand for changes in existing
mechanics lien laws in favor Of
property owners comes from the
National Association Of Real Estate
Boards In . resolution passed by
the convention delegate body of the
organization in session at Boston,
Mass.
The resolution. which is the first
instance in which the association
has expressed It's policy ON me-
Chanics Lien laws, voices a protest
against the tentative standard me-
chanics lien law, drafted by tho
standard state mechanics lien act
committee, appointed by the Cnited
States Department OF Commerce
when President Hoover was Secre-
tary Of Commerce.
Draft Submitted
The committee in 1927 prepared a
first tentative draft Of uniform
mechanics lien act and presented 1t
TO the National Conference Of Com
m1ssioners on Uniform Laws who
returned the proposed measure to
the Department of Commerce com.
mittee with recommendations as
70 changes. Al second draft OF the
tentative act was again submitted
IN 1928. This draft was returned to
the committee without endorsement.
The tentative act is to be submitted
again to the conference at an early
date.
Following Is the national associa.
IONS resolution on mechanics lien
laws, which was unanimously
sMechonics lien laws obtain in
this country only by virtue OF
statutory law. Originally the only
lines recognized in such laws were
for labor. Later, due principally
to the fact that there was no con.
tractual relation existing between
the person furnishing materials and
the owner of the property icing
erected or improved. the provisions
OF such laws were extended gen.
orally to become so broad, ccmpre.
hensive and complicated as to be
burdensome and to work hardships
upon property owners.
May Pay Twice
1T commonly Is provided in these
laws that IL the owner does. not
comply with certain prescribed pro.
cedure, or if he makes payments to
the contractor after notice Of liens,
he may be obliged to pay a second
time for the benefit Of such lien
claimants as were not paid by the
contractor.
by reason Of the modern credit
prevailing generally throughout the
States and of the facilities available
for obtaining credit information,
there no longer remains any impel-
ling reason why the property owner
should be subjected to any risk of
dual payments for materials, except
in. those cases where the existence
Of the lien Is made dependent upon
the material man giving the prop
erty owner notice Of his intention
to claim such lien prior to any pay.
ment on account. Therefore. in
consideration Of these conditions,
be It
Of the National Association Of Real
Estate Boards that:
Simplify Laws
I'D Mechanics lien laws should
be simplified so far as possible by
reducing rather than increasing the
classes OF persons entitled to such
liens and by minimizing the duties
that devolve upon the property
owner in order to protect himself
against such liens.
'l2l While 1t is recognized that a
lien for labor should and will con-
tinue to be provided for in such
laws, the right Of a material man or
any other class of lieners to sub
ject the owner of building being
erected or improved to dual pay
ments should be permitted only it
and when such person has given
notice. direct to such owner. Of his
intention to claim such lien prior
to the first payment to the con-
tractor"
A halt day off Saturday, awav from
work all day Sunday and o peach Of .