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Contractor's Affidavit Of Release Of Liens for the United Kingdom

Contractor's Affidavit Of Release Of Liens Template for England and Wales

A formal legal document under English and Welsh law where a contractor declares they have received all due payments and releases any claims or rights against the project owner. While traditional construction liens don't exist in England and Wales, this document serves as a formal waiver of rights and confirmation of payment, providing clarity and closure for all parties involved in construction projects.

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Contractor's Affidavit Of Release Of Liens

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What is a Contractor's Affidavit Of Release Of Liens?

The Contractor's Affidavit Of Release Of Liens is a crucial document in construction project completion under English and Welsh law. While different from US-style lien waivers, it serves to formally document that the contractor has received all due payments and waives any further claims against the project owner. This document is typically used at project completion or when making final payment applications, providing security for employers and facilitating project closure. It includes detailed payment confirmations, releases of claims, and often incorporates subcontractor payment confirmations.

What sections should be included in a Contractor's Affidavit Of Release Of Liens?

1. Title and Date: Formal identification of the document and date of execution

2. Parties: Identification of contractor and project owner/employer

3. Project Details: Description of the works and project location

4. Declaration Statement: Formal statement confirming receipt of payment and release of claims

5. Payment Confirmation: Details of payments received and confirmation of full payment

6. Release Statement: Formal release of all claims and rights

7. Execution Block: Signature section with witness requirements

What sections are optional to include in a Contractor's Affidavit Of Release Of Liens?

1. Subcontractor Confirmation: Additional section to confirm that all subcontractors have been paid in full and that no claims exist from subcontractors

2. Retention Release: Specific section dealing with the release of retention monies held under the contract

3. Conditional Release Provisions: Section specifying any conditions that must be met for the release to take effect

What schedules should be included in a Contractor's Affidavit Of Release Of Liens?

1. Schedule of Payments: Detailed list of all payments received under the contract including dates and amounts

2. Schedule of Subcontractors: Comprehensive list of all subcontractors involved in the project and confirmation of their payment status

3. Project Documentation: Schedule referencing all relevant contract documents, variations, and change orders

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

Document Type

Release of Lien

Cost

Free to use
Relevant legal definitions























Clauses




















Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Primary legislation governing payment mechanisms in construction contracts and establishing statutory rights regarding payment and adjudication

Civil Procedure Rules (CPR): Particularly Part 22 which governs requirements for statements of truth, affidavits and sworn statements in legal proceedings

Construction Lien Considerations: Understanding that traditional liens don't exist in English law, but are replaced by mechanisms such as Charging Orders, Retention of Title clauses, and Equitable liens

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties (such as subcontractors and suppliers) can enforce terms of a contract to which they are not a direct party

Late Payment of Commercial Debts (Interest) Act 1998: Legislation establishing rules for payment terms and statutory interest on late commercial payments

Companies Act 2006: Primary legislation governing company law in the UK, relevant for document execution requirements and company filing obligations

Insolvency Act 1986: Legislation governing insolvency proceedings and relevant for release of claims and warranties in construction contracts

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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