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Preliminary Lien Release for the United Kingdom

Preliminary Lien Release Template for England and Wales

A Preliminary Lien Release is a legal document used in construction projects under English and Welsh law, where a contractor, subcontractor, or supplier acknowledges receipt of payment for work completed to date and waives their right to file a lien against the property for that specific portion of work. This document provides interim protection for property owners while allowing the construction project to proceed smoothly, ensuring that partial payments can be made without risk of double payment or legal complications.

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What is a Preliminary Lien Release?

The Preliminary Lien Release is a crucial document in construction projects that helps manage payment risks and protect all parties involved. It is commonly used when partial payments are made during ongoing construction work, allowing contractors to receive progress payments while providing property owners with security against future claims. Under English and Welsh law, this document serves as evidence that specific payments have been received and corresponding lien rights have been waived. The Preliminary Lien Release typically includes details of the work completed, payment amounts, and specific rights being released, while preserving rights for future work or unpaid amounts.

What sections should be included in a Preliminary Lien Release?

1. Project Identification: Details of the construction project including address, reference numbers, and date

2. Party Information: Full legal names and addresses of contractor, property owner, and any other relevant parties

3. Payment Details: Amount received, payment reference, and date of payment

4. Work Description: Detailed description of work completed to date for which the lien is being released

5. Release Statement: Clear statement of rights being released and extent of the release

6. Execution Block: Signature blocks, witness requirements, and date of execution

What sections are optional to include in a Preliminary Lien Release?

1. Conditional Release Terms: Used when the release is subject to specific conditions being met, such as clearance of funds

2. Retention Details: When partial retention is maintained, specifying the amount and terms of retention

3. Third Party Rights: When rights of subcontractors, suppliers, or other third parties need to be addressed

4. Warranties and Representations: Additional warranties about payment status, work completion, or other relevant matters

What schedules should be included in a Preliminary Lien Release?

1. Schedule 1 - Payment Schedule: Detailed breakdown of payments received and outstanding amounts

2. Schedule 2 - Work Completion Certificate: Evidence of work completion if relevant to the release

3. Schedule 3 - Supporting Documentation: Any relevant certificates, permits, approvals, or other supporting documents

4. Schedule 4 - Original Contract Details: Reference details of the original contract and any variations

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 construction contracts and payment mechanisms in England and Wales

Late Payment of Commercial Debts Act 1998: Primary legislation establishing statutory rights to claim interest on late commercial payments

Contracts (Rights of Third Parties) Act 1999: Primary legislation governing how third parties may enforce terms of a contract

Scheme for Construction Contracts Regulations 1998: Supporting legislation providing default payment and adjudication provisions for construction contracts

Construction Contracts Exclusion Order 2011: Supporting legislation specifying which types of construction contracts are excluded from certain provisions

Common Law Waiver Principles: Legal principles governing how rights can be waived and the requirements for valid waiver under English common law

Doctrine of Estoppel: Legal principle preventing a party from asserting something contrary to their previous actions or statements

English Contract Law Fundamentals: Basic principles of contract formation, including offer, acceptance, consideration, and intention to create legal relations

Consideration Requirements: Legal requirements for valid consideration in contract modifications and releases under English law

Partial vs Full Release Rules: Legal principles governing the differences between partial and full releases and their respective requirements

Deed Execution Requirements: Statutory and common law requirements for valid execution of deeds under English law

Writing and Signature Requirements: Statutory requirements for written documents and valid signatures in construction contracts and releases

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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