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Lien Waiver Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Lien Waiver is a critical document in Hong Kong's construction and development industry, used to manage payment risks and protect property interests. It serves as a formal release of lien rights in exchange for payment, typically executed at various stages of a construction project. This document is essential when contractors, subcontractors, or suppliers receive payment for work completed or materials supplied, providing assurance to property owners and developers that no future liens will be filed against the property for the work or materials covered by the payment. Under Hong Kong law, these waivers must contain specific language and meet certain legal requirements to be enforceable. They can be either conditional (pending payment) or unconditional (after payment received), and may be partial (for progress payments) or final (for project completion).
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses

















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Engineering

Architecture

Building Materials

Construction Equipment

Project Management

Property Management

Relevant Teams

Legal

Construction

Operations

Finance

Procurement

Project Management

Risk Management

Commercial

Compliance

Contract Administration

Development

Relevant Roles

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

Industries







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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