Contracting out of a lien

guerito

Just wondering, I did a project on liens a few years ago, but can't remember if this is possible. Specifically, a mechanic's/repairman's lien. It's a common law right, not statutory and I don't have access to a Halsbury's. I'd imagine it'd have to be pretty explicitly stated in the contract if it's possible. Anyone know?

partyguinness

I cant see any reason why you cldnt in theory but in reality why would a mechanic do that. He wants to get paid.

guerito

partyguinness wrote: »

but in reality why would a mechanic do that. He wants to get paid.

Ah but it wouldn't be the mechanic who insists on the waiver

partyguinness

guerito wrote: »

Ah but it wouldn't be the mechanic who insists on the waiver

Of course I appreciate that....but the mecahanic would just tell him to piss off...it's a garage FFS.

guerito

I fully agree, in the context of a typical garage. My question was more as to the general (theoretical) possibility of contracting out of a lien. Of course, as you point out, getting the other party to agree would be the next problem.