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Partial Lien Waiver

Partial Lien Waiver Template for Malaysia

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Key Requirements PROMPT example:

Partial Lien Waiver

"I need a Partial Lien Waiver for Phase 2 of the Kuala Lumpur Heights residential development project, covering RM 2.5 million in completed work up to March 15, 2025, while preserving rights for the remaining phases."

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Document background
The Partial Lien Waiver is a critical document in Malaysian construction and development projects, used when contractors, subcontractors, or suppliers receive partial payment for their work or materials. This document is particularly relevant under Malaysian law, which follows both common law principles and specific legislation like the Construction Industry Payment and Adjudication Act 2012. The waiver serves to release the property owner from lien claims for specific completed and paid work while maintaining the contractor's rights for unpaid portions. It typically includes details of the payment received, work completed, and specific rights being waived, making it essential for progressive payment structures in construction projects. The document helps maintain clear payment records, protect both parties' interests, and facilitate smooth project progression while ensuring compliance with Malaysian construction and contract law requirements.
Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or references

2. Waiving Party Information: Complete identification of the party providing the lien waiver, including legal name, registration number, and address

3. Payment Details: Specific information about the payment received, including amount, date, and payment period covered

4. Waiver Statement: Clear statement of the rights being waived, specifically relating to the payment received and work completed up to the specified date

5. Reservation of Rights: Express statement of rights retained for unpaid work, retainage, and future work

6. Certification: Statement certifying that all subcontractors and suppliers have been paid for the work covered by this waiver

7. Execution Block: Signature block with date, witness requirements, and company seal section

Optional Sections

1. Conditional Waiver Clause: Optional clause making the waiver conditional upon actual receipt and clearance of payment - used when waiver is given before payment is confirmed

2. Previous Payment History: Optional section listing previous payments received - used in complex projects with multiple payment phases

3. Statutory Declarations: Optional statutory declarations required in certain Malaysian jurisdictions or for certain project types

4. Subcontractor List: Optional listing of all subcontractors and suppliers related to the waived work - used in larger projects

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the payment amounts, including any calculations or adjustments

2. Schedule B - Work Description: Detailed description of the work completed for which the lien rights are being waived

3. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, invoices, or other supporting documentation

4. Appendix 2 - Authorization Evidence: Evidence of authority to sign (if signatory is not the primary contractor/supplier)

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions




















Clauses















Relevant Industries

Construction

Real Estate Development

Infrastructure Development

Commercial Property

Residential Property

Industrial Development

Mining

Oil & Gas

Hospitality

Healthcare Facilities

Educational Facilities

Retail Development

Manufacturing Facilities

Relevant Teams

Legal

Construction

Project Management

Finance

Operations

Commercial

Procurement

Compliance

Risk Management

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Construction Director

Site Supervisor

Quantity Surveyor

Commercial Manager

Procurement Manager

Finance Manager

Operations Director

Risk Manager

Compliance Officer

Project Coordinator

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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