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Lien Waiver
"I need a conditional Lien Waiver for a progress payment of HKD 2.5 million for electrical installation work on the Central Heights commercial project, with payment expected by March 15, 2025, and I'm the subcontractor."
1. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (typically the property owner or general contractor)
2. Background: Brief description of the project, original contract, and context of the work performed
3. Definitions: Key terms used in the waiver, including project details, contract references, and payment periods
4. Acknowledgment of Payment: Confirmation of payments received and amounts that form the basis of the waiver
5. Waiver and Release: Express language waiving and releasing lien rights and claims up to the specified date or payment amount
6. Representations and Warranties: Confirming authority to execute the waiver and that all subcontractors/suppliers have been paid
7. Governing Law: Specification that Hong Kong law governs the waiver
8. Execution: Signature blocks and execution requirements
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Retained Rights: Include when certain rights or claims are specifically preserved or excluded from the waiver
3. Outstanding Claims: Used when there are pending or unresolved claims that need to be specifically addressed
4. Retention Provisions: Include when addressing retained amounts that are excluded from the waiver
5. Lower-tier Certifications: Used when certification of payment to subcontractors or suppliers is required
6. Notarization Block: Include when notarization is required by the receiving party or project requirements
1. Schedule A - Project Details: Detailed description of the project, including address, lot numbers, and scope of work
2. Schedule B - Payment Details: Breakdown of payments received, amounts waived, and any retained amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, if applicable
4. Appendix 1 - Original Contract: Copy or reference to the original contract or relevant portions
5. Appendix 2 - Payment Documentation: Copies of relevant payment applications, invoices, or receipts referenced in the waiver
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Engineering
Architecture
Building Materials
Construction Equipment
Project Management
Property Management
Legal
Construction
Operations
Finance
Procurement
Project Management
Risk Management
Commercial
Compliance
Contract Administration
Development
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Construction Lawyer
Quantity Surveyor
Claims Manager
Commercial Director
Finance Manager
Operations Manager
Site Manager
Procurement Manager
Risk Manager
Compliance Officer
Development Director
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