07 LC 38
0213
Senate
Bill 63
By:
Senators Seabaugh of the 28th and Weber of the 40th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of
Georgia Annotated, relating to mechanics and materialmen, so as to provide a
definition of "single-family residential real estate"; to provide for an
exemption to certain liens for single-family residential real estate; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia
Annotated, relating to mechanics and materialmen, is amended by revising Code
Section 44-14-360, relating to definitions, to read as follows:
"44-14-360.
As
used in this part, the term:
(1)
'Contractor' means a contractor having privity of contract with the owner of the
real estate.
(2)
'Land surveyor' means the same as the definition thereof in Code Section
43-15-2.
(3)
'Materials,' in addition to including those items for which liens are already
permitted under this part, means tools, appliances, machinery, or equipment used
in making improvements to the real estate, to the extent of the reasonable value
or the contracted rental price, whichever is greater, of such tools, appliances,
machinery, or equipment.
(4)
'Materialmen' means all persons furnishing the materials, tools, appliances,
machinery, or equipment included in the definition of materials in paragraph (3)
of this Code section.
(5)
'Professional engineer'
means the
same as the definition thereof
shall have the
same meaning as provided in Code Section
43-15-2.
(6)
'Registered forester'
means the
same as the definition of such term
shall have the
same meaning as provided in Code Section
12-6-41.
(7)
'Registered land surveyors'
and
or
'registered professional engineers' means land surveyors or professional
engineers who are registered as land surveyors or professional engineers under
Chapter 15 of Title 43 at the time of performing, rendering, or furnishing
services protected under this part.
(8)
'Residential property' means single-family and two-family, three-family, and
four-family residential real estate.
(9)
'Single-family
residential real estate' means an owner occupied structure designed for use as a
dwelling unit for one family, including but not limited to houses, condominium
units, or any combination of manufactured homes and lots.
(10)
'Subcontractor' means, but is not limited to, subcontractors having privity of
contract with the contractor."
SECTION
2.
Said
part is further amended by revising subsection (a) of Code Section 44-14-361,
relating to creating liens, to read as follows:
"(a)
The following persons shall each have a special lien on the real estate,
factories, railroads, or other property for which they furnish labor, services,
or materials
with the
exception of labor, services, or materials furnished for single-family
residential real estate which shall not be subject to any special lien pursuant
to this Code section:
(1)
All mechanics of every sort who have taken no personal security for work done
and material furnished in building, repairing, or improving any real estate of
their employers;
(2)
All contractors, all subcontractors and all materialmen furnishing material to
subcontractors, and all laborers furnishing labor to subcontractors,
materialmen, and persons furnishing material for the improvement of real
estate;
(3)
All registered architects furnishing plans, drawings, designs, or other
architectural services on or with respect to any real estate;
(4)
All registered foresters performing or furnishing services on or with respect to
any real estate;
(5)
All registered land surveyors and registered professional engineers performing
or furnishing services on or with respect to any real estate;
(6)
All contractors, all subcontractors and materialmen furnishing material to
subcontractors, and all laborers furnishing labor for subcontractors for
building factories, furnishing material for factories, or furnishing machinery
for factories;
(7)
All machinists and manufacturers of machinery, including corporations engaged in
such business, who may furnish or put up any mill or other machinery in any
county or who may repair the same;
(8)
All contractors to build railroads; and
(9)
All suppliers furnishing rental tools, appliances, machinery, or equipment for
the improvement of real estate."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.