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Lien Waiver
I need a lien waiver document that releases any claims or rights to a lien on a property upon receipt of payment for services rendered. The document should specify the amount paid, the services provided, and include a clause that ensures the waiver is conditional upon the successful clearance of the payment.
What is a Lien Waiver?
A Lien Waiver is a legal document where a contractor, supplier, or worker gives up their right to place a lien on a property in exchange for payment. In Hong Kong's construction and property development sectors, these waivers help protect property owners from double payment claims while ensuring contractors receive their due compensation.
When subcontractors sign lien waivers, they confirm they've been paid for their work or materials, clearing the way for project completion and final payments. This common practice aligns with Hong Kong's Building Ordinance and helps maintain smooth relationships between developers, contractors, and suppliers throughout the construction process.
When should you use a Lien Waiver?
Use a Lien Waiver during any construction or property development project in Hong Kong when making payments to contractors, subcontractors, or suppliers. It's especially important to obtain these waivers at key payment milestones - like progress payments, final payments, or when releasing retention money.
The timing matters most when dealing with multiple subcontractors or large-scale projects. Get lien waivers signed before releasing payments to protect against future claims on the property. This becomes crucial during project handovers, refinancing, or property sales, when clean title documentation is essential. For maximum protection, collect waivers from everyone who supplied labor or materials worth over HK$20,000.
What are the different types of Lien Waiver?
- Partial Lien Waiver: Released when making progress payments, covering only completed work up to a specific date
- Final Lien Waiver: Used after project completion, waiving all future claims against the property
- Conditional Lien Waiver: Takes effect only after payment clears, common in Hong Kong for large transactions
- Unconditional Lien Waiver: Immediately effective upon signing, typically used for smaller payments or trusted relationships
- Material Supplier Waiver: Specifically designed for suppliers who provided materials but no direct labor
Who should typically use a Lien Waiver?
- Property Owners/Developers: Request and collect lien waivers to protect their property from future claims and ensure clear title
- General Contractors: Sign waivers upon receiving payment and collect them from subcontractors before distributing funds
- Subcontractors: Execute waivers when receiving progress or final payments for completed work
- Material Suppliers: Provide waivers after receiving payment for delivered construction materials
- Project Managers: Coordinate the collection and verification of lien waivers throughout the construction process
- Legal Counsel: Review and approve waiver language to ensure compliance with Hong Kong construction law
How do you write a Lien Waiver?
- Project Details: Gather full property address, project scope, and completion dates
- Payment Information: Document exact payment amounts, dates, and any remaining balances
- Party Information: Collect legal names and addresses of all contractors, subcontractors, and property owners
- Work Description: Detail specific services, materials, or labor provided
- Payment History: Record all previous payments and outstanding amounts
- Template Selection: Use our platform to generate a legally-sound lien waiver that meets Hong Kong requirements
- Signature Requirements: Identify authorized signatories and witness requirements
What should be included in a Lien Waiver?
- Identification Section: Full legal names and addresses of all parties, property details, and project description
- Payment Details: Precise amount received, payment date, and form of payment
- Waiver Scope: Clear description of rights being waived and work period covered
- Property Description: Exact legal description of the property involved
- Governing Law: Explicit reference to Hong Kong law and jurisdiction
- Execution Block: Signature lines, witness requirements, and company chop spaces
- Conditional Terms: Any conditions that must be met for the waiver to take effect
- Statutory Declarations: Required statements under Hong Kong construction regulations
What's the difference between a Lien Waiver and a Liability Waiver?
A Lien Waiver differs significantly from a Liability Waiver in both purpose and application within Hong Kong's legal framework. While both documents involve giving up certain rights, they serve distinct functions in different contexts.
- Purpose: Lien Waivers specifically release rights to claim payment against property, while Liability Waivers release rights to sue for potential injuries or damages
- Timing: Lien Waivers are typically executed after work completion or payment, whereas Liability Waivers are signed before an activity or service begins
- Industry Focus: Lien Waivers are primarily used in construction and property development, while Liability Waivers appear in recreational activities, events, and services
- Legal Scope: Lien Waivers affect property rights and payment security, but Liability Waivers address personal injury and negligence claims
- Duration: Lien Waivers permanently release specific payment rights, while Liability Waivers usually cover a defined period or specific activity
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