The Lien Waiver Template is a critical document in construction and property development projects under English and Welsh law. It is typically used when payments are made to contractors, subcontractors, or suppliers to ensure they cannot later claim liens against the property. The document includes details of the project, payment received, and the specific rights being waived. It protects property owners and lenders by providing clear evidence that potential claimants have been paid and have surrendered their lien rights. The template should be carefully drafted to comply with relevant legislation and common law principles in England and Wales.
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1. Project Identification: Details of the project including address, contract reference, and dates
2. Waiving Party Information: Full details of the party waiving their lien rights
3. Amount and Payment Details: Specification of payment received and what it covers
4. Scope of Waiver: Explicit description of what rights are being waived
5. Execution Block: Signature sections and date
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment
2. Reservation of Rights: Used when certain rights need to be preserved
3. Third Party Rights: Used when the waiver affects rights of other parties
4. Warranties and Representations: Used in more complex waivers where additional assurances are needed
1. Schedule of Works: Detailed description of works completed covered by the waiver
2. Payment Schedule: Breakdown of payments received and outstanding
3. Supporting Documents: Copies of relevant certificates, notices, or other supporting documentation
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