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Lien waivers by state · Pennsylvania

Pennsylvania lien waiver requirements

Pennsylvania is a non-statutory state

Pennsylvania does not prescribe a mandatory statutory lien-waiver form or required waiver language, so contractors and subcontractors may freely word their waivers. Pennsylvania law instead regulates waivers by timing and validity: a subcontractor's (or contractor's) waiver of lien rights is against public policy and void unless given in consideration for payment actually received, with exceptions for residential projects and projects where the contractor has posted a payment bond.

Statute: 49 P.S. §§ 1401-1402 (waiver provisions); see also 49 P.S. § 1406 (subcontractor right to rescind)

Pennsylvania lien waiver forms

The four standard waiver-and-release types and Pennsylvania’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Pennsylvania law does not require lien waivers to be notarized to be valid. The waiver must be in writing and signed by the waiving party.
Mandatory statutory language: No statutory waiver form or mandatory language is prescribed. The document should be in writing, signed by the waiving party, and clearly identify the amount waived and the property. Both conditional and unconditional waivers are permitted; on non-residential projects an unconditional waiver should only be exchanged after payment is actually received (unless a payment bond is in place).
Electronic signatures accepted

Key Pennsylvania deadlines

Preliminary / pre-lien notice: Generally none for private commercial projects. Exception: on "searchable" projects (contract value $1.5M or more) where the owner files a Notice of Commencement in the State Construction Registry, subcontractors must file a Notice of Furnishing through the registry within 45 days of first furnishing labor or materials (49 P.S. § 1501.3).
Notice of intent to lien: Subcontractors (and sub-subcontractors) must serve a formal written Notice of Intent to file at least 30 days before filing the lien claim. General contractors are not required to give a notice of intent.
Mechanics lien filing deadline: Within 6 months after completion of the claimant's work (last labor or materials furnished) (49 P.S. § 1502).

Pennsylvania lien waiver FAQ

Does Pennsylvania require a specific lien waiver form?

No. Pennsylvania does not prescribe a statutory or specific lien waiver form, and no mandatory waiver language is required. Parties are free to choose the format and wording, though the waiver must be in writing, signed, and is only valid to the extent of payment actually received (with residential and payment-bond exceptions).

Do lien waivers need to be notarized in Pennsylvania?

No. Pennsylvania lien waivers do not need to be notarized to be valid; they only need to be in writing and signed by the waiving party.

Can lien waivers be signed electronically in Pennsylvania?

Yes. Pennsylvania does not require notarization for lien waivers, so they can generally be signed electronically; electronic signatures are recognized under Pennsylvania's electronic transactions law.

What is the deadline to file a mechanics lien in Pennsylvania?

A mechanics lien claim must be filed within 6 months after the claimant completes its work (last labor or materials furnished). Subcontractors must additionally serve a formal Notice of Intent at least 30 days before filing.