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HomeMy WebLinkAbout08-2448~:. b~. ay~8 m~~ ~ 4 Z:\Worddocs\CLIENT'\Gutshall, Shwan ~ Michelle\Contractor Waiver Liens, Wolf Builders, 4-14-08, tlb.doc RESIDENTIAL BUILDING (LESS THAN ONE MILLION DOLLARS) CONTRACTOR'S WAIVER OF LIENS (49 P.S. 1402) THIS AGREEMENT made and concluded this ~ day of , 200 b , between SHAWN M. GUTSHALL and MICHELLE R. GUTSHALL, husband and wife, of 711 Opossum Lake Road, Carlisle, Pennsylvania (the "Owner") and STEVEN M. LEHMAN EXCAVATING of Newville, Pennsylvania (the "Contractor"). THE BACKGROUND of this Agreement is as follows: A. By a duly executed written agreement (the "Contract") Owner and Contractor have contracted for the erection, construction, alteration or repair of a residential building with a contract price of less than one million dollars (the "Improvement") to be erected on real estate described in Exhibit "A" attached (the "Property"), which has an address of Lot 1. on Instrument Number Coun l.. '„~. B. By the terms o he Contract, Contractor has ovenanted, promised and agreed that no mechanics' or materialmen's liens or claims would be filed or maintained in the Property or any part thereof, or the cartilage or cartilages appurtenant thereto, either by himself or any subcontractor, or anyone else for or on account of any work, labor or materials supplied in the performance of the Contract, or under any supplemental contract or for extra work, in the erection, construction or completion of the Improvement on the Property or any of the cartilages appurtenant thereto. NOW THIS AGREEMENT WITNESSETH: 1. The Contractor, for himself or any subcontractor, and anyone else acting or claiming through or under him, for and in consideration of the Contract and the considerations mentioned therein, and intending to be legally bound hereby, does hereby waive and relinquish all right to file a mechanics' lien, claim or notice of intention to file any lien or claim, and does hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the Improvements or the estate or title of Owner in the Property or the cartilage or cartilages appurtenant thereto, by or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Contract or by any other party acting through or under them or any of them for and about the Improvement or the Property or any part thereof, or on credit thereof, and that all subcontractors, materialmen, and laborers on the work shall look to and hold Contractor personally Z:\Worddocs\CLIENT\Gutshall, Shwan & Michelle\Contractor Waiver Liens, Wolf Builders, 4-14-08, tlb.doc liable for all subcontracts, materials furnished and work and labor done, so that there shall not be any legal or lawful claim of any kind whatsoever against Owner for any work done or labor or materials furnished under the Contract for and about the erection, construction and completion of the Improvement, or under any contract for extra work, or for work supplemental thereto, or otherwise. 2. This Agreement waiving the right of lien (as provided for in 49 P.S. § 1402) shall be an independent covenant and shall operate and be effective as well with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the Improvement as to any work and labor done and materials furnished under the Contract. 3. In the event Contractor consists of more than one person, firm or corporation, the undertakings hereunder of each of such persons, firms or corporations shall be joint and several, and the word "Contractor" shall mean all or some or any of them. For purposes of this Agreement, the singular shall be deemed to include the plural, and the neuter shall be deemed to include the masculine and feminine, as the context may require. IN WITNESS WHEREOF the said parties have hereunto set their hands and seals dated the date and year first above written. OWNER: Sh wn M. Gutshall Michelle R. Gutshall CONTRACTOR: Steven M. Lehman Excavating By: },. Steven M. Lehman ~ N :__ b '~ p ir3 -t-I T {~, "` r Fl:, 4.~ ~ ~ 1'~ ~ v ~ ~ ~~ ;' 1 ~ - - / 1~+ X ~" -... c.~ ~sx d ,~ .,,~ a ~~ v a ~.