Schubert, Gallagher, Tyler & Mulcahey
Law Offices of Schubert Bellwoar
Home About Us Practice Areas Attorney Profiles News Employment FAQs Contact Us Site Map Search
News: In 2007, Pennsylvania Mechanics' Lien Waivers Restricted

In 2007, Pennsylvania Mechanics' Lien Waivers Restricted

A mechanics lien is a legal process which seeks to guarantee payment for contracted services rendered on an improved piece of property. Contractors can file a mechanics' lien within a certain amount of time after the work has been completed and payment has not been received. If a lien is filed, the property owner does not own a clear title until the debt is paid.

Under current law in Pennsylvania, it is standard practice in most construction projects for an owner to require the contractor, prior to the start of any work, to waive its right (and the right of its subcontractors) to file mechanics' liens against the owner's property to force payment of monies due from the owner.

Under Act 52 (House Bill No. 1637) signed into law this past summer, many advance waivers of mechanics' liens will be unenforceable as "against public policy, unlawful and void." This restrictive new law will take effect on January 1, 2007. There are certain exceptions to this general rule, depending on the nature of the project, the contract price and the identity of the party being asked to give a waiver.

Before starting a future construction project, please call an attorney at Schubert Bellwoar. We would be happy to explain and secure your rights as a property owner in Pennsylvania.




Return to News




Home | About Us | Practice Areas | Attorney Profiles | News | Employment | FAQs | Contact Us
© 2018 Schubert, Gallagher, Tyler & Mulcahey. All rights reserved. Review Disclaimer.
Design and marketing by Legal Internet Solutions Incorporated.