Partial Lien Waiver

Partial Lien Waiver Template for Denmark

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Document background

The Partial Lien Waiver is a critical document in Danish construction projects, used when a contractor or subcontractor receives partial payment for work completed and needs to provide formal acknowledgment of that payment while releasing corresponding lien rights. This document type is particularly important in the context of Danish construction law, where it helps manage risk and ensure clear documentation of payment status and lien rights. The waiver specifically addresses work completed and paid for up to a certain date, maintaining rights for unpaid work, retentions, and future claims. It requires careful consideration of Danish legal requirements, particularly under the Construction Act (Byggeloven) and Registration of Property Act (Tinglysningsloven), and serves as a vital tool for project payment management and risk mitigation.

Suggested Sections

1. Identification of Parties: Names and details of the Contractor/Subcontractor (waiving party) and the Owner/General Contractor (paying party)

2. Project Information: Details of the construction project, including address, project name, and contract reference numbers

3. Payment Acknowledgment: Specification of the payment amount received and payment period covered by the waiver

4. Waiver Statement: Clear statement of the specific lien rights being waived, limited to work completed and payments received to date

5. Reservation of Rights: Statement preserving rights for retention amounts, unbilled work, and future claims

6. Declarations: Contractor's confirmation that all subcontractors and suppliers have been paid for the period covered

7. Execution: Signature blocks, date, and notarization requirements

Optional Sections

1. Conditional Payment Terms: Used when the waiver is conditional upon receipt of payment

2. Outstanding Change Orders: Include when there are pending change orders that need to be explicitly excluded from the waiver

3. Disputed Claims: Required when there are ongoing disputes that need to be preserved

4. Insurance Claims: Include when there are pending insurance claims related to the project that need to be preserved

5. Third-Party Rights: Used when there's a need to address the rights of other parties not directly involved in the waiver

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed

2. Schedule B - Project Scope: Description of the specific work covered by the waiver

3. Schedule C - Outstanding Items: List of any retained amounts, unbilled work, or pending claims

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

5. Appendix 2 - Authorization Documents: Corporate resolutions or powers of attorney if required for execution

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