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Affidavit And Waiver Of Lien Form for the United Kingdom

Affidavit And Waiver Of Lien Form Template for England and Wales

An Affidavit and Waiver of Lien Form is a legal document used in England and Wales where a contractor, subcontractor, or supplier formally declares they have received payment for their work and waives their right to place a lien on the property. The document must be sworn before a Commissioner for Oaths and serves as both a sworn statement confirming payment receipt and a formal waiver of any future claims against the property relating to the work performed.

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What is a Affidavit And Waiver Of Lien Form?

The Affidavit And Waiver Of Lien Form is a crucial document in construction and property development projects across England and Wales. It provides property owners and general contractors with protection against future claims by ensuring that subcontractors or suppliers who have received payment formally relinquish their right to file a lien. The document combines a sworn statement (affidavit) confirming payment receipt with a legally binding waiver of lien rights. It's typically required before final payment release, during project completion, or when transferring property ownership.

What sections should be included in a Affidavit And Waiver Of Lien Form?

1. Title and Declaration: Identifies document type and affiant

2. Project Details: Specifics of the construction project or work performed

3. Payment Confirmation: Confirmation of payments received

4. Waiver Statement: Explicit waiver of lien rights

5. Attestation: Formal statement of truth

6. Execution Block: Signature, witness, and notarization details

What sections are optional to include in a Affidavit And Waiver Of Lien Form?

1. Conditional Waiver Provisions: Additional provisions used when the waiver is contingent on specific conditions such as pending or partial payment

2. Reservations of Rights: Section specifying any rights retained by the affiant when certain claims or rights need to be preserved

3. Third Party Acknowledgments: Section recognizing other parties' interests when multiple stakeholders are involved in the project

What schedules should be included in a Affidavit And Waiver Of Lien Form?

1. Schedule of Works: Detailed list of work performed or materials supplied

2. Payment Schedule: Breakdown of payments received and outstanding

3. Supporting Documents: Appendix containing copies of relevant contracts, invoices, or payment records

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

Jurisdiction

England and Wales

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses

























Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Governs payment rights and mechanisms in construction contracts, particularly relevant for construction liens and claims

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may be affected by or derive rights from contracts, including waivers

Civil Procedure Rules (CPR) Part 32: Rules governing evidence in civil proceedings, including specific requirements for the format and content of affidavits

Commissioner for Oaths Regulations: Regulations specifying requirements for proper execution of affidavits, including witnessing and authentication procedures

Limitation Act 1980: Establishes time limits for bringing claims, relevant for determining timing considerations in lien waivers

Law of Property Act 1925: Fundamental legislation establishing property rights principles in England and Wales, relevant for understanding the nature of liens on property

Statutory Declarations Act 1835: Historic legislation still relevant today, setting out requirements for formal declarations

Common Law Principles: Established legal principles from case law regarding waiver of rights, consideration, and estoppel that affect the validity and enforcement of lien waivers

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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