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Affidavit And Waiver Of Lien for the United Kingdom

Affidavit And Waiver Of Lien Template for England and Wales

An Affidavit and Waiver of Lien is a legally binding document used in England and Wales where a contractor, subcontractor, or supplier formally declares they have received payment for their work and waives their right to place a lien on the property. The document combines a sworn statement (affidavit) with a formal waiver of rights, providing property owners with protection against future claims while ensuring proper payment documentation.

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Affidavit And Waiver Of Lien

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What is a Affidavit And Waiver Of Lien?

The Affidavit And Waiver Of Lien is commonly used in construction and property development projects in England and Wales to manage payment-related risks. It serves as both a sworn statement confirming receipt of payment and a formal waiver of the right to place a lien on the property. This document is typically required before final payment is released, during project milestones, or when transferring property ownership. It provides crucial protection for property owners while ensuring proper documentation of payments to contractors and suppliers.

What sections should be included in a Affidavit And Waiver Of Lien?

1. Title and Declaration: Identifies the document and includes formal declaration statement

2. Affiant Information: Details of the person making the affidavit including full name, address, and capacity

3. Project Details: Information about the construction project, including address and description

4. Waiver Statement: Explicit waiver of lien rights and claims

5. Consideration Statement: Details of payment or other consideration received

6. Execution Block: Signature section with notarization requirements

What sections are optional to include in a Affidavit And Waiver Of Lien?

1. Conditional Waiver Provisions: Used when the waiver is contingent on specific payment or conditions being met - typically included when payment has not yet been received

2. Reservation of Rights: Specifies any rights being retained - included when partial waiver is intended

3. Additional Representations: Additional statements about payment to subcontractors - included when affiant is a general contractor

What schedules should be included in a Affidavit And Waiver Of Lien?

1. Schedule of Works: Detailed list of work performed or materials supplied

2. Payment Schedule: Details of payments received and outstanding amounts

3. Supporting Documents: Copies of relevant contracts, invoices, or payment receipts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Cost

Free to use
Relevant legal definitions




















Clauses

















Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - governs construction contracts, payment provisions, and rules about liens and payment security

Limitation Act 1980: Sets statutory time limits for bringing claims and establishes when liens must be filed or waived

Civil Procedure Rules (CPR): Rules governing affidavits in England and Wales, including requirements for sworn statements

Law of Property Act 1925: Fundamental property law principles that affect how liens attach to property

Companies Act 2006: Relevant for registered companies, including requirements for execution of documents

Statutory Declarations Act 1835: Sets out requirements for sworn statements and the format and execution of affidavits

Common Law Principles: Established legal principles regarding waiver of rights, consideration, and enforceability of contracts

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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