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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
Currentness
(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].
49 P.S. § 1401, PA ST 49 P.S. § 1401
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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