Pennsylvania is unusual among States in that it allows a contractor or subcontractor to issue a written waiver to the property owner in which the contractor or subcontractor waives all rights to claim a lien. In fact, with proper notice a contractor may even waive the rights of a subcontractor to claim a lien.
Lien Waiver
State:
Pennsylvania
Control #:
PA-06-09
Format:
Word;
Rich Text
Instant download
Description Lein Waiver
Free preview Waiver Of Lien
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FAQ
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A lien waiver is quite common in the construction business. Essentially, it is a document from a contractor, subcontractor, supplier, or another party who holds a mechanic's lien that states they have been paid in full and waive future lien rights to the disputed property.
Your lawyer will help you decide whether to fight the lien in court or negotiate a settlement.In some, you may be able to fend off a lien if: You prove that you've paid your construction bills fully and on time. You prove that the contractor who filed the lien has breached his contract and doesn't deserve to be paid.
What does 'Bonding Off a Lien' mean? Typically, in order to move forward with the project, the lien must first be removed. To remove a lien as registered against a property without resolution, an applicant has to deliver to the court acceptable security which stands in place of the lien registered on such property.
General contractors can waive lien rights for lower tier subcontractors by filing a Stipulation Against Liens on most residential projects and on all projects if the general contractor posts a payment bond.For all claimants, the Lien Claim must be filed in court within six months of the claimant's last work.
To perfect its lien, the lender must record or file the mortgage with the appropriate legal authority. Usually, the mortgage is recorded in the land records in the county where the property is located.
LIen waivers are not required to be notarized. The primary times that a document needs to be notarized is if it is going to be filed with the county recorder or it is an affidavit. There are some other documents that often use notarization, but lien waivers don't fall into any of those that "need to be notarized."
The simplest way to prevent liens and ensure that subcontractors and suppliers are paid is to pay with joint checks. This is when both parties endorse the check. Compare the contractor's materials or labor bill to the schedule of payments in your contract and the Preliminary Notices.