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Waiver And Release Of Lien Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Waiver and Release of Lien is a crucial document in German construction and property development projects, used when a party holding lien rights (such as a contractor or supplier) has received payment and agrees to relinquish their security interest in the property. This document is particularly important in construction projects where multiple contractors and suppliers are involved, as it helps maintain clear property titles and facilitate project completion. Under German law, specifically the BGB and construction regulations, the document must include precise property descriptions, payment confirmations, and explicit waiver language. It serves as protection for property owners against double payment claims and helps contractors document proper payment receipt. The document is commonly used at project milestones or completion stages, often as part of the final payment process.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

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

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Relevant Industries

Construction

Real Estate

Property Development

Architecture

Engineering

Building Materials

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Relevant Teams

Legal

Construction

Project Management

Contract Administration

Real Estate

Property Management

Finance

Procurement

Risk Management

Commercial

Relevant Roles

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

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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