Sec. 42-158 l. Clauses waiving right to claim mechanic's lien or claim against a payment bond void.
136 words·~1 min read·
/ct/title-42/chapter-742b-construction-contracts/42-158l·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Any provision in a construction contract or any periodic lien waiver issued pursuant to a construction contract that purports to waive or release the right of a contractor, subcontractor or supplier engaged to perform services, perform labor or furnish materials under the construction contract to
(1)claim a mechanic's lien, or
(2)make a claim against a payment bond, for services, labor or materials which have not yet been performed and paid for shall be void and of no effect.
(b)Notwithstanding any provision of subsection
(a)of this section, this section shall not be construed to prohibit
(1)the subordination of a mechanic's lien to the lien of a mortgage or security interest, or
(2)the enforcement of an agreement to subordinate a mechanic's lien to the lien of a mortgage or security interest.