Lien Waiver (Construction)

Lien Waiver (Construction) Template for Denmark

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Document background

The Construction Lien Waiver (Construction) is a vital document in Danish construction projects that protects property owners and ensures smooth project completion. It is typically used when payments are made during various stages of construction or at project completion, where contractors, subcontractors, or suppliers waive their right to file a lien against the property. The document must comply with Danish construction law, particularly AB 18 and the Danish Registration Act, and can be either conditional (pending payment) or unconditional (after payment received). It includes detailed information about the project, parties involved, payment amounts, and specific rights being waived. This document is especially important in larger construction projects where multiple parties are involved and clear documentation of payment and lien waiver is essential for project security and final closing.

Suggested Sections

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

2. Background: Context of the construction project, reference to the main contract, and the basis for the lien waiver

3. Definitions: Key terms used in the waiver, including 'Lien Rights', 'Project', 'Property', and 'Work' definitions

4. Scope of Work: Description of the work or materials provided that relate to the waiver

5. Payment Acknowledgment: Confirmation of payments received and the amount being acknowledged

6. Waiver Declaration: Express waiver of lien rights and claims related to the work

7. Representations and Warranties: Statements confirming authority to waive rights and that no assignment of lien rights has occurred

8. Governing Law: Confirmation that Danish law governs the waiver

9. Signature: Execution block with date and authorized signatures

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment

2. Subordinate Parties Waiver: Include when waiver needs to extend to subcontractors or suppliers under the waiving party

3. Reservation of Rights: Used for partial waivers to specify rights retained for future work or claims

4. Payment Details: Optional detailed section about payment method and timing when relevant

5. Release of Additional Claims: Used when waiver includes release of other claims beyond lien rights

6. Notarization Block: Include when notarization is required for specific projects or circumstances

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property subject to the lien waiver

2. Schedule B - Payment Details: Breakdown of payments received and/or pending, including relevant invoices

3. Schedule C - Project Information: Detailed description of the project and work performed

4. Schedule D - Prior Liens: List of any previously filed liens that are being waived

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

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