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§ 1401. Waiver of lien by claimant

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 49 P.S. Mechanics' LiensEffective: October 13, 2009

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 49 P.S. Mechanics' Liens
Chapter 6. Mechanics' Lien Law of 1963 (Refs & Annos)
Article IV. Waiver of Lien; Effect of Filing
Effective: October 13, 2009
49 P.S. § 1401
§ 1401. Waiver of lien by claimant
(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.

Credits

1963, Aug. 24, P.L. 1175, No. 497, art. IV, § 401. Amended 2006, June 29, P.L. 210, No. 52, § 1, effective Jan. 1, 2007; 2009, Aug. 11, P.L. 298, No. 34, § 1, effective in 60 days [Oct. 13, 2009].
COMMENT--JOINT STATE GOVERNMENT COMMISSION 1964 REPORT
Adapted from Section 15, Act of 1901, as amended 1903, April 24, P.L. 297, 49 P.S. 71, and clarified to indicate that a waiver need not be signed by any person other than the person waiving his right to file a claim.
HISTORICAL AND STATUTORY NOTES
Act 2006-52 legislation
Section 4 of 2006, June 29, P.L. 210, No. 52, effective Jan. 1, 2007, provides that “[t]he amendment or addition of sections 201(14), 401 and 402 of the act shall apply to contracts entered into on or after the effective date of this section.”
Prior Laws:
1901, June 4, P.L. 431, § 15.
1903, April 24, P.L. 297, § 1.
49 P.S. § 71.
49 P.S. § 1401, PA ST 49 P.S. § 1401
Current through 2018 Regular Session Acts 1 to 41, 43 to 47, 51, 52, 54, 65, 66 and 72.
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