Kyle v. Graham

Citations

• 46 Pa. Super. 6
• 1911 Pa. Super. LEXIS 220

Syllabus

<p>Mechanics’ liens — Building contract — Stipulation against liens — Acts of June 4,1901, P. L. Ifil, and April 24,1903, P. L. 297 — Waiver.</p> <p>1. Under the Act of April 24, 1903, P. L. 297, a stipulation against liens may be created by a contract subsequent to the original building contract provided that the subsequent contract was filed in the prothonotary’s court prior to the commencement of the work on the ground, or within ten days after the execution of the principal contract; and such a contract may be effective if filed in the prothonotary’s office, although the original contract was not filed.</p> <p>2. An agreement between a contractor and a builder containing a stipulation against mechanics’ liens by anyone, filed in the prothonotary’s office, is in no way affected, in so far as it prevents subcontractors from filing liens, by a subsequent agreement entered into between the owner and the contractor, giving to the latter a conditional and qualified right of lien to secure payment only of the contract price.</p> <p>3. The act relating to the filing in the prothonotary’s office of a contract containing a stipulation against mechanics’ liens does not require a description of the property to be set forth in the contract. Where a subcontractor has filed his lien describing the property in detail both as to location of land and description of buildings, he will not be heard to object that the property was not sufficiently described in the contract.</p> <p>4. Sections 17 and 19 of the Act of June 4, 1901, P, L. 431, apply to cases in which there has been no contract in which it was provided that no hen should be filed.</p> <p>5. Where a subcontractor in a scire facias sur mechanic’s hen avers that the owner and contractor filed a stipulation against mechanics’ hens in the prothonotary’s office, and on the following day entered into an agreement by which the contractor was given the right of hen to secure payment of the contract price, but without in other wa