Partial Waiver Of Lien And Contractor's Affidavit - England and Wales

Partial Waiver Of Lien And Contractor's Affidavit for the United Kingdom

Partial Waiver Of Lien And Contractor's Affidavit Template for England and Wales

A Partial Waiver of Lien and Contractor's Affidavit is a legal document used in construction projects under English and Welsh law where a contractor partially waives their rights to claim against the property for work completed up to a specific date or payment amount. The document combines a sworn statement about the status of payments and subcontractor relations with a partial release of rights to place liens or make claims against the property. While mechanic's liens don't exist in the same form as in other jurisdictions, this document serves as important protection for property owners and contractors in managing payment and claim rights.

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What is a Partial Waiver Of Lien And Contractor's Affidavit?

The Partial Waiver Of Lien And Contractor's Affidavit is typically used during the progress of construction projects to facilitate staged payments and maintain clear records of payment status. While traditional mechanic's liens are not part of English and Welsh law, this document serves a similar function in protecting parties' interests and maintaining clear payment records. It is commonly required before progress payments are released and provides assurance to property owners that they won't face double payment claims from subcontractors. The document includes sworn statements about payment status, subcontractor relations, and explicit waivers of certain rights to claim against the property.

What sections should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

1. Affiant Information: Details of the contractor making the affidavit including company name, registration number, and authorized representative

2. Project Information: Details of the construction project including location, contract reference, and project scope

3. Payment Details: Information about payments received and outstanding amounts, including original contract sum and any variations

4. Waiver Statement: Explicit waiver of lien rights for specified payment amount and period of work

5. Declarations: Sworn statements regarding subcontractors and suppliers, confirming payments made and outstanding amounts

6. Execution: Signature block and notarization requirements for legal validation

What sections are optional to include in a Partial Waiver Of Lien And Contractor's Affidavit?

1. Conditional Waiver Provisions: Additional provisions that make the waiver conditional upon receipt of specified payment

2. Reservation of Rights: Specific provisions preserving rights for retention amounts or disputed claims

3. Subcontractor List: Detailed listing of all subcontractors and suppliers involved in the project

What schedules should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

1. Schedule of Values: Detailed breakdown of contract sum and completed works to date

2. Payment History Schedule: Comprehensive record of all payments received to date under the contract

3. Subcontractor Payment Schedule: Detailed schedule of payments made to subcontractors and suppliers

4. Supporting Documentation: Appendix containing copies of relevant invoices, payment certificates, and other supporting documents

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

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Lien Waiver Form

A legal document used in England and Wales where a party waives their right to place a lien on a property in exchange for payment.

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What is a Partial Waiver Of Lien And Contractor's Affidavit?

What sections should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

What sections are optional to include in a Partial Waiver Of Lien And Contractor's Affidavit?

What schedules should be included in a Partial Waiver Of Lien And Contractor's Affidavit?

Authors

Alex Denne

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