Pennsylvania Lien Waivers Guide and FAQs

No, Pennsylvania does not provide or require statutory forms for lien waivers.

A lien waiver involving residential property may be made by a signed written instrument or by any conduct which operates to prevent such contractor from filing a claim. Otherwise, a lien waiver must be given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received.

There is no specific statutory prohibition against unconditional waivers, provided the waiver is either in exchange for payment, or subject to one of the exceptions related to when waivers may be effective.

Yes, however, there are exceptions.

A direct contractor is allowed to waive lien rights prior to furnishing work own residential projects when the residence is not more than 3 stories tall. And, a sub-tier party is allowed to waive lien rights on non-residential projects if the GC has obtained a payment bond to protect sub-tier parties.

Further, a GC can waive the rights of sub-tier parties on residential projects if the prime contractor waived its own lien rights in writing, and provided notice of the waiver to the sub-tier party before the sub-tier party performs work, or if the GC filed the waiver with the Prothonotary.

The statute is silent as to the timing allowed for these waivers, but it appears that they are likely allowable at any point.

No. Pennsylvania statute does not require that a lien waiver be notarized. Regarding residential property, a lien waiver in Pennsylvania may be made by a signed, written instrument or by conduct which operates to prevent such contractor from filing a claim. Otherwise, a lien waiver must be given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received.