The Construction Conditional Lien Waiver is a crucial document in construction projects across England and Wales, used to manage payment-related rights and obligations. While different from US-style mechanics liens, it operates within the framework of the Construction Act 1996 and related UK legislation. This document is typically used when making progress payments or final payments, providing conditional waiver of certain rights upon receipt of specified payments. The waiver helps maintain clear payment records and reduces payment disputes while protecting both parties' interests. Use of this document type has become standard practice in UK construction projects, particularly for larger commercial developments.
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1. Parties: Identification of the contractor and the party receiving the waiver
2. Background: Project details and context of the waiver
3. Definitions: Key terms used in the document including references to Construction Act 1996 and relevant legislation
4. Project Information: Specific details of the construction project including location, scope, and contract reference
5. Payment Details: Information about the payment being made including amount and payment date
6. Waiver Conditions: Specific conditions that must be met for the waiver to be effective, including references to statutory rights
7. Execution: Signature blocks and execution provisions
1. Retained Rights: Description of rights retained by the contractor, particularly regarding statutory adjudication rights
2. Previous Payments: Details of prior payments made and their status
3. Disputed Claims: Treatment of disputed amounts and preservation of rights relating to disputed sums
1. Schedule of Works: Detailed list of works covered by the waiver
2. Payment Schedule: Breakdown of payments and amounts, including any retention amounts
3. Supporting Documentation: Relevant certificates, notices, or other supporting documents required under Construction Act 1996
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