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General Contractor Lien Waiver Template for India

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Key Requirements PROMPT example:

General Contractor Lien Waiver

"I need a General Contractor Lien Waiver for a completed residential construction project in Mumbai, India, where final payment of INR 2.5 crore has been received from the property developer on January 15, 2025."

Document background
The General Contractor Lien Waiver is a critical document in Indian construction projects that helps manage financial risks and ensure clear property titles. While India doesn't have specific construction lien legislation like some other jurisdictions, these waivers are governed by the Indian Contract Act, 1872, and the Transfer of Property Act, 1882. The document is typically used when a contractor has completed work and received payment, or is about to receive payment, and needs to formally waive their right to place any future liens on the property. It includes details about the project, payment information, and specific rights being waived. This waiver is particularly important in large construction projects where clear documentation of paid works and waived rights is essential for project closure and property transfers.
Suggested Sections

1. Parties: Identification of the parties involved: the contractor waiving the lien rights (Contractor) and the party receiving the waiver (Owner/Developer)

2. Background: Brief context about the construction project, the original contract, and the reason for the lien waiver

3. Definitions: Key terms used in the document including 'Project', 'Property', 'Contract Price', 'Lien Rights', etc.

4. Waiver and Release: Core section detailing the specific lien rights being waived and the extent of the release

5. Payment Acknowledgment: Confirmation of payments received and any outstanding amounts

6. Scope of Work Covered: Description of the work or services covered by the lien waiver

7. Representations and Warranties: Contractor's confirmations regarding subcontractor payments and absence of other claims

8. Governing Law: Specification that Indian law governs the waiver and relevant jurisdiction

9. Execution: Signature blocks and execution formalities

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specified payment

2. Subcontractor Acknowledgments: Include when there are significant subcontractor works involved to confirm their rights are also addressed

3. Exceptions and Reservations: Used when certain claims or rights need to be explicitly preserved

4. Indemnification: Include when additional protection against future claims is required

5. Notarization Requirements: Include when the document needs to be notarized based on value or jurisdiction requirements

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property subject to the lien waiver

2. Schedule B - Payment Details: Detailed breakdown of payments received and pending amounts

3. Schedule C - Project Scope: Detailed description of the work covered by the waiver

4. Appendix 1 - Supporting Documents: Copies of relevant certificates, permits, or other supporting documentation

5. Appendix 2 - Subcontractor List: List of subcontractors and their payment status, if applicable

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

Urban Development

Engineering Services

Project Management

Relevant Teams

Legal

Construction

Project Management

Finance

Risk Management

Property Management

Contract Administration

Development

Procurement

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Property Developer

Construction Manager

Real Estate Manager

Risk Manager

Financial Controller

Project Director

Site Supervisor

Procurement Manager

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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