Pennsylvania Lien Waivers Guide and FAQs

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Pennsylvania Waiver FAQs

Pennsylvania Lien Waiver Overview

Pennsylvania Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

Pennsylvania does not require any specific lien waiver form. Any form may be used.


lien waivers do not need to be notarized
Notarization Not Required

Lien waivers do not need to be notarized to be effective in Pennsylvania.


icon-can't waive lien rights
Cannot Waive Rights in Contract

Generally, Pennsylvania prohibits lien waivers in the contract or in advance of payment. However, there are exceptions for residential projects.


icon-can't waive lien rights
Cannot Waive Rights Before Payment

Generally, Pennsylvania prohibits lien waivers prior to receipt of payment. However, there are exceptions for residential projects.

Pennsylvania lien waivers, also called lien releases, are mostly unregulated with respect to content, but they generally are regulated with respect to timing.

In Pennsylvania, there aren’t specific laws that detail what text or form is required in order for a lien waiver to be effective. The state, does not provide lien waiver form templates, and Pennsylvania statutory law is pretty much silent with respect to the content or form that is sufficient. Construction participants on Pennsylvania projects, therefore, have quite a bit of freedom to choose the exact format and language of lien waivers.

There are requirements and regulations in Pennsylvania with respect to the appropriate timing of lien waivers, though. For the most part, lien rights may not be waived other than in exchange for payment. There are some interesting exceptions to this rule, however. 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 resources, forms, guides, and frequently asked questions about Pennsylvania Lien Waivers on this page will help you get it right.

Pennsylvania Lien Waivers FAQs

Pennsylvania lien waiver requirements and rules are complex and can be difficult to understand. Some rules change by project tier and some rules change by project type. There are no required forms or specific wording, but there are strict rules related to when lien rights can be waived. We have answered some of the most common questions about Pennsylvania's lien waiver rules below.

Pennsylvania Lien Waiver FAQs

Does Pennsylvania require a specific statutory lien waiver form?

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

What are the requirements for an Pennsylvania lien waiver? What makes a lien waiver binding?

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.

Are Unconditional Lien Waivers Prohibited in Pennsylvania?

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.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Pennsylvania?

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.

Must a Pennsylvania lien waiver be notarized?

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.

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Free Pennsylvania Lien Waivers Forms & Templates

Pennsylvania does not have required lien waiver forms, but these lien waiver templates can be used on Pennsylvania projects. These templates were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved.

The forms provided here for free by Levelset were drafted by construction attorney so that there are no hidden surprises. You can download them free, or use our free system to send or request your simple and fair Pennsylvania lien waiver form.

 

Free Pennsylvania Lien Waiver Forms

These Pennsylvania lien waiver forms are drafted by attorneys to be fair, easy to use, and to not contain surprises. Make it easy, and use forms from the source you can trust.

Pennsylvania Final Unconditional Lien Waiver Form - free from

Pennsylvania Final Unconditional Lien Waiver Form

This pa final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Pennsylvania Partial Conditional Lien Waiver Form - free from

Pennsylvania Partial Conditional Lien Waiver Form

This pa partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Pennsylvania Partial Unconditional Lien Waiver Form - free from

Pennsylvania Partial Unconditional Lien Waiver Form

This pa partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Pennsylvania Final Conditional Lien Waiver Form - free from

Pennsylvania Final Conditional Lien Waiver Form

This pa final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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