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Waiver And Release Of Lien
"I need a Waiver and Release of Lien document for a completed office building renovation project in Berlin, where our company (ABC Construction GmbH) will release all lien rights upon receiving the final payment of €500,000 scheduled for March 15, 2025."
1. Parties: Identification of the Lien Holder (typically contractor/subcontractor) and the Property Owner/General Contractor, including full legal names, addresses, and registration details if companies
2. Background: Brief description of the original contract, work performed, property location, and circumstances leading to the lien
3. Definitions: Key terms including 'Property', 'Original Contract', 'Lien Rights', 'Payment Amount', and other relevant terms
4. Payment Acknowledgment: Confirmation of the amount received or to be received as consideration for the lien waiver
5. Waiver and Release: Express waiver of lien rights and release of claims against the property, with specific reference to German legal requirements
6. Property Description: Detailed legal description of the property against which the lien rights are being waived
7. Representations and Warranties: Statements confirming the lien holder's authority to waive the lien and that no assignment of lien rights has occurred
8. Governing Law: Explicit statement that the document is governed by German law and reference to relevant statutory provisions
9. Execution: Signature blocks with dates and formal execution requirements under German law
1. Conditional Release Provisions: Used when the release is conditional upon receipt of payment, specifying the conditions that must be met
2. Subcontractor Confirmations: Include when the waiving party needs to confirm that all subcontractors and suppliers have been paid
3. Reservation of Rights: Used when certain rights need to be preserved despite the general waiver
4. Notarization Section: Required when the property value or local requirements necessitate notarial authentication
5. Translation Certificate: Include when the document needs to be bilingual or requires certified translation
1. Schedule A - Property Details: Detailed property description including land registry information and cadastral details
2. Schedule B - Payment Details: Breakdown of payments received and outstanding amounts if applicable
3. Appendix 1 - Original Contract Extract: Relevant excerpts from the original contract relating to the work performed
4. Appendix 2 - Lien Registration Documents: Copies of original lien registration documents to be released
Authors
Construction
Real Estate
Property Development
Architecture
Engineering
Building Materials
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Legal
Construction
Project Management
Contract Administration
Real Estate
Property Management
Finance
Procurement
Risk Management
Commercial
Construction Manager
Project Manager
Legal Counsel
Contract Administrator
Property Manager
Site Supervisor
Procurement Manager
Real Estate Developer
Construction Director
Claims Manager
Finance Director
Commercial Manager
General Counsel
Project Controller
Development Manager
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