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Pennsylvania Lien Rights

Pennsylvania

We are a Subcontractor. A GC we are working for, hasn't been paying us. In our contract it says that we may not lien them or anyone. Is this legal in Pennsylvania? This is a non-residential project.

2 replies

Sep 14, 2021

The right for a contractor or supplier to file a lien on a construction project is created by statute in the Commonwealth of Pennsylvania. Generally speaking, parties cannot abridge or otherwise restrict another party's statutory rights by way of a contract. I would still like to see the actual contract language before giving you a more definite answer. Could you please send me a copy of the clause to cschmitt(at)vaughanbaio.com? 

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Sep 15, 2021
Contractual lien waivers are only enforceable for residential projects and for bonded commercial projects. If your GC has a payment bond on the project, the waiver may be valid, but you may pursue payment through the surety. If not, the waiver is against public policy and likely unenforceable. Be aware that as a subcontractor, you must give the owner 30 days' notice before filing a mechanics' lien and that you must file the mechanics' lien within 6 months of the date you last provided labor or materials. Please let me know if you have any other questions. Thanks. Len Windish len@windishlaw.com (215) 979-7605
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