Pennsylvania 2025-2026 Regular Session

Pennsylvania Senate Bill SB678 Latest Draft

Bill / Introduced Version

                             
PRINTER'S NO. 677 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.678 
Session of 
2025 
INTRODUCED BY SAVAL, TARTAGLIONE, STREET, HUGHES, SCHWANK, 
FONTANA, COMITTA, COLLETT, KANE, KEARNEY, COSTA, HAYWOOD, 
MUTH, L. WILLIAMS, CAPPELLETTI, SANTARSIERO, PISCIOTTANO, 
FLYNN, KIM, BOSCOLA, MILLER AND A. WILLIAMS, APRIL 28, 2025 
REFERRED TO LABOR AND INDUSTRY, APRIL 28, 2025 
AN ACT
Amending the act of July 14, 1961 (P.L.637, No.329), entitled 
"An act relating to the payment of wages or compensation for 
labor or services; providing for regular pay days; conferring 
powers and duties upon the Department of Labor and Industry, 
including powers and duties with respect to the civil 
collection of wages; providing civil and criminal penalties 
for violations of the act; providing for their collection and 
disposition and providing for additional civil damages," 
further providing for definitions; and providing for specific 
liability.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  Section 2.1 of the act of July 14, 1961 (P.L.637, 
No.329), known as the Wage Payment and Collection Law, is 
amended by adding definitions to read:
Section 2.1.  Definitions.--The following words and phrases 
when used in this act shall have, unless the context clearly 
indicates otherwise, the meanings given to them in this section:
* * *
"Construction contract."  An agreement, whether written or 
oral, to perform work on real property in this Commonwealth.
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21 "Construction services."  The term includes any of the 
following services provided in connection with the improvement 
of real property located in this Commonwealth:
(1)  Construction.
(2)  Reconstruction.
(3)  Improvements.
(4)  Additions.
(5)  Painting.
(6)  Alterations.
(7)  Maintenance.
(8)  Repairs.
* * *
"General contractor."  A person who is authorized or engaged 
by an owner under a construction contract to improve real 
property.
* * *
"Subcontractor."  A person who has entered into a 
construction contract to furnish labor or materials to or has 
performed labor for a general contractor or another 
subcontractor in connection with the provision of construction 
services.
* * *
Section 2.  The act is amended by adding a section to read:
Section 9.2.  Specific Liability.--(a)  In an action under 
section 9.1 of this act, a general contractor is jointly and 
severally liable for a violation of this act that is committed 
by a subcontractor who provides labor or materials for 
construction services for the real property that is the subject 
of the construction contract, regardless of whether the 
subcontractor is in direct contractual relationship with the 
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30 general contractor.
(b)  A subcontractor shall indemnify the general contractor 
for wages, damages, interest and attorney fees paid by the 
general contractor pursuant to subsection (a) as a result of the 
subcontractor's violation of this act, except as provided in 
subsection (c).
(c)  A subcontractor shall not be required to indemnify the 
general contractor pursuant to subsection (b) if either of the 
following conditions apply:
(1)  indemnification is provided for in the construction 
contract between the general contractor and the subcontractor; 
or
(2)  a violation of this act arose due to a lack of prompt 
payment in accordance with the terms of the construction 
contract between the general contractor and the subcontractor.
Section 3.  This act shall apply to construction contracts 
entered into on or after the effective date of this section.
Section 4.  This act shall take effect in 60 days.
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