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Final Waiver Of Lien Form Template for Nigeria

A Final Waiver of Lien Form under Nigerian law is a legally binding document used in construction projects to release any claims or rights to place a lien on a property in exchange for payment received. This document, governed by Nigerian property and construction laws, particularly the Land Use Act of 1978 and relevant state property laws, serves as a formal acknowledgment that payment has been received and that the signing party relinquishes all rights to file a construction lien against the property. It provides crucial protection for property owners while ensuring contractors and suppliers have a formal mechanism to acknowledge payment receipt and close out their claims on the project.

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What is a Final Waiver Of Lien Form?

The Final Waiver of Lien Form is a critical document in Nigerian construction projects that marks the successful completion of payment obligations and releases any potential claims against the property. This document is typically used at the conclusion of construction work or delivery of materials, when final payment has been made and received. The form must comply with Nigerian construction and property laws, including the Land Use Act and relevant state regulations. It includes specific details about the project, parties involved, payment received, and an explicit waiver of lien rights. The document serves as protection for property owners against future claims while providing contractors and suppliers with a formal mechanism to acknowledge full payment. The Final Waiver of Lien Form is particularly important in Nigeria's growing construction sector, where clear documentation of payment completion and lien releases is essential for clean property titles and project closeout.

What sections should be included in a Final Waiver Of Lien Form?

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers

2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (usually property owner or general contractor)

3. Payment Acknowledgment: Statement acknowledging receipt of payment, including the amount received and date of receipt

4. Waiver Declaration: Explicit statement waiving all lien rights against the property related to the work performed or materials supplied

5. Scope of Work: Description of the work performed or materials supplied that are covered by this waiver

6. Warranties and Representations: Statements confirming that all subcontractors and suppliers have been paid and no outstanding claims exist

7. Execution: Signature block with date and notarization requirements

What sections are optional to include in a Final Waiver Of Lien Form?

1. Conditional Waiver Clause: Used when the waiver is conditional upon receipt of payment, specifying that the waiver only becomes effective upon actual receipt of specified payment

2. Reservation of Rights: Include when certain rights need to be preserved, such as retention amounts or pending change orders not covered by the current payment

3. Previous Payments Schedule: Added when there's a need to acknowledge prior payments and confirm cumulative amounts received to date

4. Indemnification Clause: Include when additional protection is needed against future claims from subcontractors or suppliers

What schedules should be included in a Final Waiver Of Lien Form?

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including original contract sum, change orders, and current payment

2. Schedule B - Project Scope Details: Detailed description of work performed or materials supplied covered by the waiver

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation

4. Appendix 2 - Authorized Signatories: List of authorized signatories and their positions when multiple parties are involved in signing the waiver

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

Jurisdiction

Nigeria

Document Type

Lien Waiver

Cost

Free to use

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