The Lien Waiver is a crucial document in Indonesian construction and development projects, used to protect property owners and project developers from future claims while ensuring contractors and suppliers receive proper compensation. This document becomes necessary when significant payments are made during project phases or upon project completion, requiring careful consideration of Indonesian Civil Code provisions and construction regulations. The Lien Waiver typically follows receipt of payment and includes detailed information about the project, payment amounts, and specific rights being waived. It serves as a vital risk management tool in Indonesian construction projects, providing legal certainty for all parties involved while complying with local law requirements for security interests and contractual obligations.
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1. Header Information: Date, reference number, and title of document
2. Party Details: Full legal names and addresses of the waiving party (contractor/subcontractor/supplier) and the beneficiary party
3. Project Information: Details of the construction project or property, including address and any relevant contract numbers
4. Payment Details: Specification of payment amount received and payment period covered by the waiver
5. Waiver Declaration: Clear statement of the rights being waived, including specific claims, liens, or other rights being released
6. Scope of Waiver: Whether the waiver is conditional, unconditional, partial, or final
7. Certification: Statement certifying that all payments to subcontractors or suppliers have been made (if applicable)
8. Execution Block: Signature section with proper attestation requirements under Indonesian law
1. Retained Rights: Section specifying any rights that are specifically retained or excluded from the waiver, used when certain claims need to be preserved
2. Payment Breakdown: Detailed breakdown of payments received and outstanding amounts, used in partial waivers or when complex payment structures are involved
3. Subcontractor Acknowledgment: Additional section for lower-tier subcontractor or supplier acknowledgments, used in projects with multiple tiers of contractors
4. Notarization Block: Section for notary authentication, used when formal notarization is required or preferred for additional legal certainty
1. Schedule A - Payment Details: Detailed breakdown of payments received and waived, including dates and invoice numbers
2. Schedule B - Project Scope: Description of work or services provided under the original contract
3. Schedule C - Related Contracts: List of all relevant contracts and agreements referenced in the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant payment proofs, invoices, or other supporting documentation
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Manufacturing
Mining
Oil and Gas
Industrial Development
Commercial Development
Residential Development
Engineering Services
Relevant Teams
Legal
Finance
Construction
Project Management
Commercial
Procurement
Risk Management
Contract Administration
Development
Claims and Disputes
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Finance Director
Chief Financial Officer
Project Director
Site Manager
Procurement Manager
Claims Manager
Risk Manager
Commercial Director
Development Manager
General Counsel
Company Secretary
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