Phelps v. Burns

Citations

• 16 Pa. Super. 391
• 1901 Pa. Super. LEXIS 83

Syllabus

<p>Mechanic's lien — Contract—Stipulation against liens — filing of contract in prothonotary's office — Act of June 26, 1895, P. L. 369.</p> <p>An original building contract filed with the prothonotary on the day after its date, and containing a stipulation that “ no lien shall be filed against the building either by the contractor or subcontractors, nor by any of the material men or workmen,” will prevent the filing of liens, although the written document filed does not show that the stipulation against liens was executed prior to the giving of authority to proceed with the work.</p> <p>The provision of the Act of June 26, 1895, P. L. 369, which requires that the stipulation against liens shall be written and executed prior to the giving of authority to the contractor to proceed with the work, applies only to the case of the filing of a separate stipulation.</p> <p>It seems that it is better practice to introduce a clause even in the original contract to show that the stipulation against liens was made before authority to do the work was given.</p>