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Conditional Lien Waiver for United Arab Emirates

Conditional Lien Waiver Template for United Arab Emirates

A Conditional Lien Waiver under UAE law is a formal document used in construction and development projects where a contractor, subcontractor, or supplier agrees to waive their right to place a lien on a property, conditional upon receiving specified payment. This document operates within the UAE's civil law framework, particularly under Federal Law No. 5 of 1985 (Civil Code) and relevant commercial regulations. It serves as a crucial tool in construction payment management, providing property owners with protection against double payment while ensuring contractors maintain their rights until payment is received.

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What is a Conditional Lien Waiver?

The Conditional Lien Waiver is a critical document in UAE construction and development projects, used when parties need to manage progress payments and protect their respective interests. It is particularly relevant in situations where contractors or suppliers are receiving payment for completed work or delivered materials and need to provide assurance to property owners regarding lien rights. The document must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and related commercial regulations, which differ significantly from common law jurisdictions in their treatment of mechanics' liens and contractors' rights. The Conditional Lien Waiver typically includes specific payment details, project information, and clear conditions under which the waiver becomes effective, ensuring both parties' interests are protected under UAE law.

What sections should be included in a Conditional Lien Waiver?

1. Parties: Identification of the Waiving Party (typically contractor/subcontractor) and the Beneficiary (typically owner/general contractor), including full legal names and addresses

2. Background: Brief description of the project, reference to the main contract, and context of the work performed

3. Definitions: Key terms including 'Project', 'Contract', 'Work', 'Payment Amount', 'Conditional Payment', and 'Lien Rights'

4. Scope of Waiver: Detailed description of what rights are being waived and what work/materials the waiver covers

5. Payment Amount: Specific amount for which the lien waiver is being given, including any previous payments and current payment details

6. Conditional Terms: Clear statement of the conditions that must be met for the waiver to become effective, typically receipt of payment

7. Representations and Warranties: Statements by the waiving party regarding authority to execute, no prior assignments, and status of work

8. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant emirate's courts for jurisdiction

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

1. Subcontractor Confirmation: Additional section required when the waiving party has subcontractors, confirming all subcontractor payments

2. Notarization Section: Section for notary attestation, required if the document needs to be used in formal proceedings

3. Release of Additional Claims: Optional broader release of claims beyond lien rights, used when a full settlement is intended

4. Retention Amount: Section detailing any retained amounts not covered by the waiver, used when retention is applicable

5. Previous Payments History: Section documenting history of previous payments, useful for progress payment waivers

What schedules should be included in a Conditional Lien Waiver?

1. Schedule A - Project Details: Detailed description of the project, including location, permit numbers, and scope of work

2. Schedule B - Payment Details: Breakdown of payment amounts, including current payment and any outstanding amounts

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers related to the waived work (if applicable)

4. Appendix 1 - Original Contract Extract: Relevant excerpts from the original contract relating to payment terms and lien rights

5. Appendix 2 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

Authors

Alex Denne

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

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions

























Clauses






















Relevant Industries

Construction

Real Estate Development

Infrastructure

Engineering

Commercial Development

Residential Development

Industrial Construction

Oil and Gas Construction

Hospitality Development

Government Infrastructure

Relevant Teams

Legal

Construction

Project Management

Commercial

Operations

Finance

Procurement

Risk Management

Contract Administration

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Commercial Director

Development Manager

Procurement Manager

Site Manager

Claims Manager

Finance Director

Operations Manager

Project Director

Construction Law Specialist

Risk Manager

Industries





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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