Pennsylvania
Lien Waiver Forms
Pennsylvania lien waivers: payment-tied by statute on nonresidential projects
State Rules
How Pennsylvania treats lien waivers
Pennsylvania does not prescribe a statutory lien waiver form, so our general-purpose conditional and unconditional progress and final waivers apply. What the Mechanics' Lien Law does regulate is timing: on nonresidential buildings, 49 P.S. § 1401 makes a waiver of lien rights void unless given in consideration for payment and only to the extent payment is actually received (for subcontractors, unless the contractor has bonded off payment). Residential property is different: there, lien rights may be waived by a signed written instrument, and a stipulation against liens can bind subcontractors if noticed or filed per 49 P.S. § 1402.
Pennsylvania lien waiver forms we generate
Four house forms cover every payment on a Pennsylvania project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in Pennsylvania
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in Pennsylvania, built into every waiver we generate.
Advance waivers
49 P.S. § 1401: on nonresidential buildings, a contractor's waiver of lien rights is against public policy, unlawful and void unless given in consideration for payment and only to the extent that payment is actually received; a subcontractor's waiver is void on the same terms unless the contractor has posted a bond guaranteeing payment to subcontractors. On residential property, lien rights may be waived by a signed written instrument (or by estoppel conduct).
Pennsylvania execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in Pennsylvania.
- ✓ Witness: not required in Pennsylvania.
- ✓ E-signature: available. Send Pennsylvania waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free Pennsylvania lien waiver
The correct Pennsylvania form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.