HomeMy WebLinkAbout09-5699No. 6q-S699 M ?-p
MECHANICS' LIEN WAIVER
This Mechanics' Lien Waiver is issued as of this 13th day of August, 2009 by Gilbane Building Company ("Contractor")
WHEREAS Contractor entered into an Owner/Contractor agreement (the "Agreement's dated April 30, 2009 with the Administrative Office
of Pennsylvania Courts ("Owner' for performing the services and/or furnishing labor or material necessary for the renovation/ construction
project known as 5035 Ritter Road located in Mechanicsburg, Pennsylvania (the 'Project';
WHEREAS, pursuant to the terms of the Agreement, Contractor is required to post a bond (the "Payment Bond' guaranteeing payment for
labor and materials provided by subcontractors on the Project;
WHEREAS, Contractor agrees and commits to post such Payment Bond prior to entering into any subcontracts for the Project;
WHEREAS, in view of requiring (and committing to pay for) the posting of a Payment Bond by Contractor, Owner desires to receive the
benefit of lien waivers from subcontractors as permitted by the provisions of Pennsylvania's Mechanics' Lien Law, 49 P.S. § 1101, et seq.,
current as of the date hereof (the "Lien Law'D, and Contractor, in view of the requirements of and consideration received pursuant to the
Agreement, desires to facilitate the waiver of all subcontractor liens on the Project;
WHEREAS, for the purpose of this Mechanics' Lien Waiver, Contractor shall be considered the "Contractor" on the Project, as such term is
defined in the Lien Law; and
WHEREAS, for the purpose of this Mechanics' Lien Waiver, the term "Subcontractor" shall be considered that defined in the Lien Law.
NOW THEREFORE, in consideration of the sum of one dollar ($1.00), the Agreement and the foregoing premises, and with the intent to be
legally bound, Contractor does hereby covenant, stipulate, agree and commit as follows:
1. The terms of the recital paragraphs above are incorporated herein by reference as if fully set forth in the operative portion hereof.
2. That Subcontractors for the Project shall not have the right to file a mechanics' lien (or claim or notice of intent to file such alien or
claim) against the structures or improvements comprising the Project or contracted for in the Agreement, or any part or parts thereof, or the site
thereof, for work or labor done or materials furnished in the performance of the work embraced in their subcontracts, including any extra work
or changes made to the scope of the subcontract work.
3. Contractor shall advise each Subcontractor of the posting of the Payment Bond and shall include (or cause to be included) in written
subcontracts with the Subcontractors a provision equivalent to that of paragraph 2 above.
4. It is the full intent of Contractor, on behalf of the Subcontractors, that the right to file a mechanics' lien, under the provisions of the
Lien Law, for work done or materials furnished by the Subcontractors in conjunction with the Project, the site of the Project, or the facility in
which the Project is situated is hereby waived.
5. It is agreed that Contractor will file this Mechanics' Lien Waiver with the Prothonotary of Cumberland County after the same has
been executed.
IN WITNESS WHEREOF, Contractor has signed this Mechanics' Lien Waiver as of the day and year first written above.
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By:
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Attest Nam/-*w`^02 ` C Q1 DLWA `-
Title: Cla. V kcE Pzb&G L---?J
Agreement between Administrative Office of Pennsylvania Courts, Owner, and Gilbane Building Company, Construction Manager-Constructor, for 5035
Ritter Road, Mechanicsburg, PA.
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To: Prothonotary of CL
Cumberland Couni
1 Courthouse Sgui
Suite 100
Carlisle, PA 17013
L Transmittal Cover Sheet
iECT: AOPC Data Center! Office Renov
Y TO: Anamaria C. Hazel
100 Penn Square East, Suite 1040
Philadelphia, PA 19107
Phone: 215-568-2943
Fax: 215-568-1357
No:
WE ARE SENDING YOU THE FOLLOWING ITEMS: M ATTACHED Q UNDER SEPARATE COVER
VIA: Q UPS Q MAIL Q FEDEX Q SITE HAND DELIVERY
[::IOTHER-FEDEX
Q Shop Drawings 0 Reports Q Plans samples
Copy of Email 0 [] Specifications
Q Field Memo Q Calculations
Q Product Data Q Benchmark
Qty Drawing No /
Specification No. Rev Date Submittal No. Title/Description/Document No. / Etc. Status
1 Exhibit E - Ori final Mechanics' Lien Waiver
n- , mmnomi i i Cu as cnecKea Deiow: -
1. M For Approval 5. Not Reviewed 9. = Rejected
2. 0 For Your Use 6. Q Approved/No Exception Taken 10.= Submit Specified Item
3. =As Requested 7. Q Approved As Noted/Make Corrections Noted/Note Markings 11.= Revise & Resubmit For Record
4. Q For Review & Pricing 8.0 Revise & Resubmit/Revise & Resubmit Before Fabrication 12.= Revise Resubmission Not Required
Remarks:
Would you please provide a stamped receipt copy and return to the address labelled on the attached envelope?
ca File Signed:
Read
Receipt Acknowledged:
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