The Subcontractor Lien Waiver is a crucial document in Austrian construction projects, used when a subcontractor has received payment for their work and is required to waive their statutory lien rights. Under Austrian law, particularly the ABGB (Austrian Civil Code), subcontractors have the right to place a lien on a property to secure payment for their services. This document is typically required before final payment is released and often accompanies progress payments. It protects property owners and general contractors from double payment risks and helps ensure clear title to the property. The waiver must be carefully drafted to comply with Austrian legal requirements and should clearly identify the project, parties involved, payment details, and the specific rights being waived.
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1. Parties: Identification of the subcontractor providing the waiver and the contractor/owner receiving it, including full legal names and addresses
2. Background: Brief description of the construction project, reference to the main contract and subcontract, and the context for the lien waiver
3. Definitions: Key terms used in the waiver, including 'Project', 'Work', 'Lien Rights', and 'Payment Amount'
4. Project Identification: Specific details of the construction project, including address, project number, and relevant permits
5. Payment Acknowledgment: Confirmation of payments received, including specific amounts and dates
6. Waiver Declaration: Express statement waiving all lien rights related to the work performed and materials supplied
7. Scope of Waiver: Detailed description of what rights are being waived and any limitations
8. Representations and Warranties: Subcontractor's confirmation that all lower-tier subcontractors and suppliers have been paid
9. Governing Law: Confirmation that Austrian law governs the waiver
10. Execution: Signature blocks and date of execution
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Partial Payment Provisions: Included when the waiver relates to partial payment rather than final payment, specifying what rights are retained
3. Lower-tier Releases: Required when there are sub-subcontractors or suppliers who need to provide their own waivers
4. Reservation of Rights: Used when certain rights need to be explicitly preserved despite the general waiver
5. Notarization Section: Added when notarized execution is required for the specific project or jurisdiction
1. Schedule A - Project Details: Detailed description of the project and work performed
2. Schedule B - Payment History: Itemized list of all payments received to date
3. Schedule C - Outstanding Claims: List of any retained or excluded claims, if applicable
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, and other supporting documentation
5. Appendix 2 - Lower-tier Waivers: Copies of lien waivers from sub-subcontractors and suppliers, if applicable
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