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Contractor Lien Waiver for the United Kingdom

Contractor Lien Waiver Template for England and Wales

A Contractor Lien Waiver is a legal document used in England and Wales where a contractor waives their right to claim a lien or other forms of security interest against a property for work performed or materials supplied, typically in exchange for payment. While statutory mechanics' liens don't exist in English law as they do in other jurisdictions, these waivers are important for managing contractual and equitable rights, particularly in construction and development projects.

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Contractor Lien Waiver

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What is a Contractor Lien Waiver?

The Contractor Lien Waiver serves as a critical risk management tool in construction and development projects under English and Welsh law. While England and Wales don't have a statutory mechanics' lien system, these waivers are essential for documenting the release of contractual and equitable rights that contractors might otherwise have against a property. The document is typically used when milestone or final payments are made, providing property owners and lenders with assurance that contractors cannot make future claims for work already paid for. The waiver should clearly identify the project, parties involved, and the specific rights being waived.

What sections should be included in a Contractor Lien Waiver?

1. Project Identification: Details of the specific project, including address and contract reference

2. Parties: Identification of contractor and property owner/client

3. Waiver Statement: Express waiver of lien rights for specific payment or period

4. Payment Details: Amount received or to be received in consideration for the waiver

5. Execution Block: Signature sections and witness requirements

What sections are optional to include in a Contractor Lien Waiver?

1. Conditional Clause: Section making the waiver conditional upon receipt of payment - used when payment hasn't yet been received

2. Subcontractor Rights: Section addressing rights of subcontractors - used when subcontractors are involved in the project

3. Retention Rights: Section preserving rights relating to retention monies - used when retention is part of the contract

What schedules should be included in a Contractor Lien Waiver?

1. Schedule of Works: Details of works completed relating to this waiver

2. Payment Schedule: Breakdown of payments received and outstanding

3. Supporting Documents: Copies of relevant invoices, certificates or other documentation

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

Document Type

Release of Lien

Cost

Free to use
Relevant legal definitions

























Clauses




















Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Contains key provisions regarding payment rights and statutory right to suspend work for non-payment in construction contracts

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing payment terms and interest charges on late payments in commercial transactions

Contracts (Rights of Third Parties) Act 1999: Legislation that may impact rights of subcontractors and other third parties in relation to the waiver

Civil Procedure Rules: Rules governing civil litigation in England and Wales, particularly relevant for enforcement of liens and claims

Common Law - Construction Liens: Common law principles regarding construction liens and their enforcement in England and Wales

Common Law - Equitable Rights: Principles of equity affecting construction contracts and liens in English law

Common Law - Waiver and Estoppel: Legal principles governing the waiver of rights and estoppel in construction contracts

Contractual Retention of Title: Alternative to statutory liens in English law, allowing contractors to retain title to goods until payment

Right to Suspend Work: Statutory right under the Construction Act allowing contractors to suspend work for non-payment

Adjudication Rights: Statutory right to refer disputes to adjudication under the Construction Act as an alternative to liens

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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