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Pennsylvania Statutes Title 49 P.S. Mechanics' Liens § 1401. Waiver of lien by claimant

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Residential Property. A contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim.

(b) Nonresidential Buildings.

(1) Except as provided in subsection (a), a waiver by a contractor of lien rights is against public policy, unlawful and void unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received.

(2) Except as provided in subsection (a), a waiver by a subcontractor of lien rights is against public policy, unlawful and void, unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received, or unless the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 49 P.S. Mechanics' Liens § 1401. Waiver of lien by claimant - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-49-ps-mechanics-liens/pa-st-sect-49-1401/

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