HomeMy WebLinkAbout01-6210BWS No. 151153-008 ;Y~. 0/- (..~/0
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
Irvin Services, 703 Laude~rnileh Street, Palmyra, PA 17078, hereinafter designated as the
"Subcontractor", for the construction of Millwork 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, Mechanicsbu[g, 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 right of lien shall be an independent covenant and shall operate and be
effective as well v~ respeCt to work and labor done and materials furnished under any supplemental contract or
contracts for extra work in the Buildlng 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 fo 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
a~ing for, through or under Subcontractor, or In violatlan of this Agreement, Subcontractor, for Itself end all such
aforeeald sub. subcontractors, materialman 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 atfomey of any other court of jurisdlotion there or elsewhere, to appear for Subcontractor in
any of eald 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, materialman or party end ell 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 imperfections whatsoever in entering
such satisfaction or anyone touching or coneaming the same.
This Agreement and Waiver Is made and Intended to be filed with the Prothonotary of the Court of Common Fleas
of the County or other proper place in which the above described lands are located.
;~ The Subcontractor hereby declares and warrants that no work of wh.ataoever kind or nature has as yet
en dona and that no materials or supplies whatsoever have as yet been fumtshed by any one under, for, toward
r In connection with the execution of performance of the aforesaid Building Construction Work contract or
otherwlea.
IN WITNESS WHEREOF, the said Subcontraq~or has sigp~d t~se Presents and fully intends that this
Contract and Waiver to be sealed instruments this/'7y~h day of ~, 200'1.
ATTEST:
(SEAL)
Irvin Services
SUBCONTRACTOR
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