Berks County Conditional Lien Waiver on Progress Payment Forms (Pennsylvania)
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Form Package
Conditional Lien Waiver on Progress Payment
State
Pennsylvania
Area
Berks County
Price
$29.97
Delivery
Immediate Download
Payment Information
Included Forms
All Berks County specific forms and documents listed below are included in your immediate download package:
Conditional Lien Waiver on Progress Payment Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 8/11/2023
Conditional Lien Waiver on Progress Payment Guide

Line by line guide explaining every blank on the form.
Included document last reviewed/updated 6/23/2023
Completed Example of the Conditional Lien Waiver on Progress Payment Document

Example of a properly completed form for reference.
Included document last reviewed/updated 8/30/2023
Included Supplemental Documents
The following Pennsylvania and Berks County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded additional documents are required by or Berks County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
After you submit payment you will see a page listing the Berks County forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
What type of files are the forms?
All of our Berks County Conditional Lien Waiver on Progress Payment forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Conditional Lien Waiver on Progress Payment forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Berks County that you need to transfer you would only need to order our forms once for all of your properties in Berks County.
Are these forms guaranteed to be recordable in Berks County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Berks County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Conditional Lien Waiver on Progress Payment Forms:
- Berks County
Including:
- Bally
- Barto
- Bechtelsville
- Bernville
- Bethel
- Birdsboro
- Blandon
- Bowers
- Boyertown
- Centerport
- Douglassville
- Earlville
- Fleetwood
- Geigertown
- Hamburg
- Hereford
- Kempton
- Kutztown
- Leesport
- Lenhartsville
- Limekiln
- Lyon Station
- Maxatawny
- Mertztown
- Mohnton
- Mohrsville
- Monocacy Station
- Morgantown
- Mount Aetna
- New Berlinville
- Oley
- Pine Forge
- Reading
- Rehrersburg
- Robesonia
- Shartlesville
- Shoemakersville
- Strausstown
- Temple
- Topton
- Virginville
- Wernersville
- Womelsdorf
What is the Pennsylvania Conditional Lien Waiver on Progress Payment
In Pennsylvania, a contractor or subcontractor may waive his right to file a claim against residential property by a written instrument signed by him or by any conduct which operates equitably to estop such contractor from filing a claim. 49 P.S. 401(a).
Contractors use lien waivers to forfeit or give up their right to claim a mechanic's lien. Usually, the purpose of a waiver is to alleviate concerns by a property owner or other contractor that a lien will be levied on the property. In return for waiving lien rights, the owner or other party makes a full or partial payment. The type of waiver used depends on the type of payment made.
Use a conditional waiver when payment hasn't been made at the time of the waiver or the payment method takes time to clear (such as a check or bank draft). Unconditional waivers are appropriate when a full or final payment has been made and evidence of the payment can be verified. Within each of these two categories, waivers can be granted for a full payment or a partial (or progress) payment.
A waiver by a contractor of lien rights is against public policy, unlawful and void unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received. 49 P.S. 401(b). Therefore, waivers will not be recognized by a Pennsylvania court unless payment is made and received. Also, conditional waivers are only available for residential property. In this regard, Pennsylvania grants more protection to parties using lien waivers (and less for the property owner).
In regard to subcontractors, a waiver by a subcontractor of lien rights is against public policy, unlawful and void, unless given in consideration for payment for the work, services, materials or equipment provided and only to the extent that such payment is actually received, or unless the contractor has posted a bond guaranteeing payment for labor and materials provided by subcontractors. 49 P.S. 401(c).
Use the Conditional Waiver and Release of Lien on Progress Payment when a partial payment is made towards the total amount due. In return for the payment, the contractor agrees to waive a lien right towards the partial amount. Because the waiver is conditional, it should be used when the payment hasn't been made or payment is made through a check and some additional time is needed to make sure the bank has properly processed the payment. If the payment is not made within the time allotted for in the waiver, the waiver becomes invalid and the claimant may seek a lien for that amount.
A valid waiver identifies the parties, the location where the work or improvement took place, relevant dates, and amounts paid. In addition, the form must meet state and local standards for recorded documents. Submit the completed waiver to the recording office for the county where the property is situated.
Mechanic's Liens are governed by Title 49 of the Pennsylvania Consolidated Statutes.
This article is offered for informational purposes only and is not legal advice. This information should not be relied upon as a substitute for speaking with an attorney. Please speak with a Pennsylvania attorney familiar with lien laws for questions regarding lien waivers or with any other issues related to mechanic's liens.
Our Promise
The documents you receive here will meet, or exceed, the Berks County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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