Mechanic’s Lien Waiver Found Unenforceable because Violation of Public Policy

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Where a lien waiver provision incorporated by reference into a subcontract applies to prohibit all liens regardless of whether the subcontractor received any payment, the court concluded that such a provision violates public policy.   Enforceability of a lien waiver clause must be resolved on a case-by-case basis to determine, whether public policy is violated.  Likewise, [...]

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