HomeMy WebLinkAbout01-6205BWS No. 151153-002
CONTRACTOR/SUBCONTRACTOR
Standard Form 899 C/S
WAIVER OF RIGHT TO FILE MECHANICS LIENS
KNOW ALL MEN BY THESE PRESENTS, THAT:
WHEREAS, on the Thursday, August 23, 2001, a contract was entered into and executed by and
between Barclay White Skanska Inc., 518 Township Line Road, Blue Bell, PA 19422, "Contractor", and
Joseph M. Gohn Electrical Contractor, P. O. Box 674, New Cumberland, PA 17070, hereinafter
designated as the "Subcontractor", for the construction of Electrical work and all work incidental thereto
(all hereinafter referred to as the "Building Construction Work") on the premises more particularly located
at Lena Drive, County of Cumberland, Township of Lower Allen, Mechanicsburg, PA 17055.
WHEREAS, said premises are owned by MetLife and
WHEREAS, by the terms of said contract, the Subcontractor agrees that no liens would be filed
by him or anyone else for any work, labor or materials supplied in the performance of said contract or
under supplemental contract, or for extra work, in performing all the work necessary and incidental to the
Building Construction Work, on the premises or lot of ground above described, or the curtilage
appurtenant thereto.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH:
1. The Subcontractor intending to be legally bound hereby and for and in consideration of the sum
of ONE DOLLARS ($1.00) paid to him by the Contractor, the receipt whereof is hereby acknowledged as
well as in consideration of the entry by the Contractor into said contract, does hereby, for itself, and any
and all sub-subcontractors and parties acting for, through or under it, them or any of them, covenant and
agree by and with the Contractor that no mechanics' lien or claims shall be filed or maintained by the
said Subcontractor or any subcontractors or other party acting through or under it, them or any of them
against the aforesaid building and/or the lot of ground of curtilage appurtenant thereto, or against the
interests of the Owner on account of any work done or materials furnished by it, them or any of them
either under the aforesaid contract or under any supplement thereto otherwise, for, toward, in or about
the Building Construction Work on the lot of ground hereinbefore described, or any work or material
therefore, and the said Subcontractor for itself and his sub-subcontractors and all persons acting for or
under him, them or any of them, hereby expressly waives and relinquishes the right to have, file or
maintain any mechanics claim or liens against the said building and/or the lot of ground hereinbefore
described or curtilage appurtenant thereto, or the interest of the Owner.
Waiver of Right to File Mechanics Lien
2. This Agreement waiving the dght of lien shall be an independent covenant and shall operate and
be effective as well with respect to work and labor done and materials furnished under any supplemental
contract or contracts for extra work in the Building Construction Work on the lot of ground hereinbefore
described, although not therein referred to as work and labor done and materials furnished under the
aforesaid contract.
3. In order to give Owner full power and authority to protect the said real estate, buildings and
improvements, or any of them against any and all mechanics' liens or claims filed by Subcontractor or
any one acting for, through or under Subcontractor, or in violation of this Agreement, Subcontractor, for
itself and all such aforesaid sub-subcontractors, materialmen and parties acting for, through and under
Subcontractor, hereby irrevocably authorizes and empowers any attorney of any Court of Common Pleas
of the Commonwealth of Pennsylvania or any attorney of any other court of jurisdiction there or
elsewhere, to appear for Subcontractor in any of said courts of jurisdiction for Subcontractor, them or any
of them, and mark satisfied or record, at the cost and expense of Subcontractor, or any such
sub-subcontractor, materialmen or party and all claim or claims, lien or liens, filed by or for the
Subcontractor, them or any of them, or in its of their name against the said real estate buildings and
improvements, or any part thereof, and for such act or acts this shall be a good and sufficient exhibit of
the Authority herein contained to warrant such lease and quit-claim unto Owner and each of their certain
attorney or attorneys any and all manner of error and errors, defects and impen'ections whatsoever in
entering such satisfaction or anyone touching or concerning the same.
This Agreement and Waiver is made and intended to be filed with the Prothonotary of the Court of
Common Pleas of the County or other proper place in which the above described lands are located.
4. The Subcontractor hereby declares and warrants that no work of whatsoever kind or nature has
as yet been done and that no materials or supplies whatsoever have as yet been furnished by any one
under, for, toward or in connection with the execution of pen'ormance of the aforesaid Building
Construction Work contract or otherwise.
IN WITNESS WHEREOF, the said Subcontractor has, signed the~%.pre.sents and fully intends
that this Contract and Waiver to be sealed instruments this _);~:~ day of ,~, 2001.
(SEAL)
Notmlal Seal
Donna D. Brady, Notmy Public
Esst Peflnsboro Twp., Cumberland Coun~
My Commission Expires Oct. 5, 2004~
Mem~r,~moela~n otNoa~es
Joseph M Gohn Eletrical C~ractor__
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