LIENS AND ORDERS.

Dominion, Volume 7, Issue 1886, 21 October 1913, Page 7

LIENS AND ORDERS.

PAYMENT OF SUBCONTRACTORS.' LAW TO BE AMENDED. I Somo important alterations in tile v j Contractors' Lien Act wero asked for 1 by a numerous deputation, of sub-can* itraetors which' was introduced to. tho j Hon. W. F. Massoy (Primo Minister) I yesterday by tlio Hon, A. L. Herdman, J Mr. T. linllingcr reminded tho Prima i Minister that in August last year tho J Federated Master Plumbers waited j upon him and that as an outcome ho j promised to look into tho Contractors'' J Lien Act and to bring down an amend- i ing Bill. "Wo have not seen that Bill," said Mr. Ballingor, "and wo havo coma again." Ho added that tho present do* j putation was representative of nearly, j all tho sub-contractors in Wellington,' • They had, in conference, passed a lium*' her of resolutions suggesting amend* ; ments of tho Lion Aot. Tho first roso' lution was: — ' j . "That a clause bo added to Section 54 of the- Aot making it com- ! pulsory for contractors and subcontractors to register liens against • the employer within one week after tho acceptance by tho owner or con- ' tractor of tho tender of contractor , or sub-contractor, and for any person or persons (not being a contractor or sub-contractor) supplying ! goods to tho value of £6 or more ! m connection with any building ; or premises in course of erection, ■ repair or alteration to give notice to the employer olid owner of the nature and valuo of tho goods supplied within oil© week after such goods havo been supplied. For fail- i ure to register lion or (to give the i above notico a penalty not exceed- ! ing £50." i Monthly Payments. j The object aimed at in tho foiogoinfl j resolution, Mr. Ballinger stated, wa< to prevent orders given to persons otlioj ■ ■ than sub-contractors over-ridirig lienf 1 put- in by sub-contractors. Another pro posal was:— I "That the following now claueo ' bo inserted in tho Act: 'Monthly j payments up to ninety per cent, of tlio value of the work dono or goods . j supplied as defined in Section 48 . j hereof -shall bo made by the em- ! ployer to the contractor' or by the • ■] contractor to tho sub-contractor."' " i It was considered, Mr. Ballinger stafe i ed, that under tho new; conditions it ! was proposed to establish it would ha j sufficient if ten per cent, of the con- \ tract price wero retained by tho "owner; I for 31 days instead of 25 per cent., air • at present. Othoi' proposals which tiitf j sub-contractors had to make wore:—- j "That tlio following addition be j made to Section 60 (providing for ' liotieo to •employer oy- contractor « or sub-contractor):' That after ro- i ccipt of fiuch notice the ejiiployer J shall be liable to tlio sub-contractor i for the payment. to hini of the 1 amount of his sub-contract.' "That tho Govorttment bo asked to provide that the Act and the abovo provisions shall apply to contracts entered into by local bodies < or the- Government, and that the i administration of the Act bo placed in the hands of tho Labour Depart- . i meat." A Cess In point. Mr. D, Robertson said that a Jecejit' ease in 'his. own experience illustrated the position that 'his friends took up* Recently ho had supplied to a con- I tractor tho iron-work for a county: 1 bridge. The contractor had' net paid ; him a .penny, and on putting ft lien ,jn { ho (Mr. Robertson) found himself forestalled by a bank. Tho bank had don*> j nothing to assist in building the bridge, ' hut he had, and ho claimed that iio baait or money-lender, should have a right to obtain payment ahead of those who hadi assisted in tho work. In tlio case of any job it was the people who did 1 the work or supplied materials that ehould j be protected. They wanted a law put- ;! through to seouro this protection, _ '.I Another member of tho deputation -j quoted an observation toy Dr. A. : M'Arthux, S.M., to tho effect that 'i these orders (mentioned os sometimes! ; forestalling lions) in all eases' > confined to thoso persons engaged iu ■ | supplying material for the. job. Mr. Balh'iiger (to tho Primo Slinis- ; toT): Can you bring down legislation i this session to carry out tho promise ; you made last August? ; Legislation Promised. ] Tho Prime Minister: It. is quito evl« j dent from what you say that am amend- ' meut of the hnv is required, but I am j not able to promise at the moment that it will be brought down this session., : Wo havo liad a particularly strenuous ;j time, and a numW of these raigges- ' tions havo had to stand aver. Bo add- ■; od that if possible a Bill -would bo pi.it' ■ through this session—if not .a- Bill ' would be drafted during tlio recess* i \ Some legislation, ho believed, ivas nccesV ; sarv, but tho subject was a very technical one, and what was required: coul<j not be done hurriedly. Probably ther j Bill, when it was drafted, would have - j to go to the Labour Bills .Committee., ■' Ho would undertake to see that somo-' ; thing was done. Mr. Herd ni;m said that ho was per* fectly satisfied that the whole of the Contractors' Lieiii Act wanted re-east-ing. In order to remove a number ofl anomalies that existed it would bo . jiecossary to re-draw tho Bill. Ho.; thought it best that the matter should; i stand over meantime, if ( possible, inJ : order that the necessary work might bo ; dono carefully during tho* recess. Tho: * Act was a very difficult one. Mr. W, A. W. Grenfcll said be be«j ; lieved that a proniise to introduce an amending Bill next session would satisfy ~ ; ; the doputation. . _ if i Tlio Prime jMinistori That will ha: ; done. The Bill will ho drafted during' the recess. Ho added that attempts made to remedy matters of this kind i towards tho end of tho session gener* ' ally ended in failui*o. Mr, Balliugor asked that tho Bill should be drafted be.foro February, 1014, if possible, because a mnnber of fedora-' tions would be holding their animal conn ferewecs iu that nionitlt. Tho Prime Minister said that if tho' Kill had not then been drafted' tho Government proposals would bo made available.