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Progress Payment Lien Waiver Template for England and Wales

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Key Requirements PROMPT example:

Progress Payment Lien Waiver

"I need a Progress Payment Lien Waiver for a large commercial construction project in Manchester, where our contractor has completed Phase 2 works valued at £450,000, with payment due in March 2025, and we need to ensure all subcontractor claims are included."

What is a Progress Payment Lien Waiver?

The Progress Payment Lien Waiver is a crucial document in construction project management under English and Welsh law. While the concept of mechanics' liens differs from US practice, this document serves to document payment receipts and waive rights to claim against completed work phases. It typically includes details of the payment amount, work completed, and any retained amounts. The document is commonly used when staged payments are made throughout a construction project, providing clarity on payment status and protecting both parties from future disputes.

What sections should be included in a Progress Payment Lien Waiver?

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

2. Payment Details: Specific amount being paid and period covered by the payment

3. Waiver Statement: Express waiver of rights relating to the specific payment

4. Certification: Formal declaration of receipt and waiver

5. Execution Block: Signature section with date and witness provisions

What sections are optional to include in a Progress Payment Lien Waiver?

1. Conditional Waiver Provisions: Additional provisions to be included when the waiver is conditional upon receipt of payment

2. Retention Rights: Provisions preserving rights relating to retention amounts when retention is held under the main contract

3. Subcontractor Provisions: Additional provisions for handling subcontractor payments in a subcontract context

What schedules should be included in a Progress Payment Lien Waiver?

1. Schedule of Works: Detailed list of works completed during the payment period

2. Payment Calculation: Breakdown of the payment amount and any deductions

3. Supporting Documents: List of attached supporting documentation including invoices and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






















Clauses




















Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts and payment mechanisms in England and Wales, as amended by the Local Democracy, Economic Development and Construction Act 2009

Construction Contracts (England and Wales) Regulations 2011: Secondary legislation that provides detailed regulations governing payment mechanisms and procedures in construction contracts

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

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for considering rights of subcontractors and suppliers

Civil Procedure Rules: Rules governing civil litigation in England and Wales, particularly relevant for enforcement provisions and dispute resolution procedures

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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