The Pennsylvania Mechanics’ Lien Law will undergo additional changes on October 10, 2009 when an amendment that was signed into law by Governor Rendell on August 11, 2009 will go into effect.
The amendments to the law are contained within Act 34 (Senate Bill 563) and they explain that lien waivers will now be permitted on "residential property," which is defined as "property on which there is or will be constructed a residential building not more than three stories in height, not including any basement level, regardless of whether any portion of that basement is at grade level, or which is zoned or otherwise approved for residential development on which there is or will be constructed a residential building not more than three stories in height, not including any basement level, regardless of whether any portion of that basement is at grade level, planned residential development or agricultural use, or for which a residential subdivision or land development plan or planned residential development plan has received preliminary, tentative or final approval on which there is or will be constructed a residential building not more than three stories in height, not including any basement level, regardless of whether any portion of that basement is at grade level. . . ."
Under the new law, a contractor or subcontractor may waive his or her right to file a lien against a residential property by providing a written instrument.