DeCesare v. Marino

Citations

• 74 Pa. Super. 34
• 1920 Pa. Super. LEXIS 84

Syllabus

<p>Mechanics’ liens — Building contracts — Construction—Bight to file liens — Execution.</p> <p>A stipulation that a contractor shall furnish releases from mechanics’ liens before the last installment of the contract price will be paid, will not preclude the filing of a mechanic’s lien by the contractor in advance of the furnishing or procuring of such releases. Such an agreement is not a covenant against liens and in such case the contractor has the right to file a mechanic’s lien for the work done and materials furnished, even though subcontractors and workmen have filed liens. The contractor has the right to file his claim, and there is no reason why he cannot proceed by scire facias to liquidate the amount due thereon. Under such circumstances, however, the court would restrain the execution until the liens were paid and satisfied.</p>