My Account Deeds.com Real Estate Deeds

Pennsylvania Unconditional 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.

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).

This Unconditional Waiver and Release of Lien on Progess Payment should be used when a partial or progress payment is made for any amount due on a residential job only and in return for the payment, the contractor agrees to waive a lien right towards the partial amount. Because the waiver is unconditional, it should only be used when the partial payment has been made and after verification of such payment.

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 any other issues with mechanic's liens.

Deeds.com Pennsylvania Unconditional Lien Waiver on Progress Payment Forms Have Been Updated as Recently as Tuesday September 10, 2019

4.7 out of 5 (845 Reviews)

What others like you are saying:


Victoria L. said: This is a fantastic website and financial savings to many. Being able to download and complete the document I needed vs having my attorney complete saved me $800. I would highly recommend this website.

Reply from Staff: Thank you for the kind words Victoria. Have a great day!


Ron D. said: No choice since the county does not seem to provide info you supplied.

Reply from Staff: Thank Ron, have a great day!


Maryel T. said: Good site, had the information I needed. Quicker than I expected. Thanks.

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Dorothy R. said: Actually, it was user friendly once I figured out where to go to get the forms. Thank you.

Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!


Fernando C. said: I was able to get what I needed!! Easy and fast!

Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!


Yvonne W. said: I'm not certain yet that this is all I need to do what I need to do. Marion Co. Clerk's office has not been helpful. I found this site from that site & hopefully it will help.

Reply from Staff: Thanks for the feedback Yvonne. We hope you found what you needed. Have a wonderful day!


Pennsylvania Unconditional Lien Waiver on Progress Payment Form