The Mechanics Lien Waiver is a critical document in Nigerian construction projects that provides protection for both property owners and contractors. It is typically used when payments are made during or after construction work, ensuring that contractors waive their right to file a lien against the property in exchange for payment. Under Nigerian law, while mechanical liens are not as formally structured as in some other jurisdictions, this waiver serves as a vital tool in construction payment management. The document includes details of the project, payment information, and specific work completed, aligned with Nigerian contract law principles. It's particularly important in large-scale construction projects where multiple contractors and suppliers are involved, helping to maintain clear payment records and prevent future disputes.
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1. Project Identification: Details of the construction project, including project name, address, and property description
2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (usually property owner or general contractor)
3. Payment Acknowledgment: Confirmation of payment received, including amount and date
4. Waiver Statement: Clear statement waiving and releasing any and all lien rights related to the work performed
5. Scope of Work: Description of the work performed or materials supplied that are covered by this waiver
6. Effective Date: Date when the waiver becomes effective
7. Signature Block: Space for authorized signatures, witness details, and notarization
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Partial Payment Terms: Include when the waiver covers only a portion of the total contract amount, specifying what portion is being waived
3. Reservation of Rights: Section preserving rights for retention amounts or pending change orders
4. Previous Payment Certification: Confirmation that all previous payments have been received and previous lien waivers executed
5. Indemnification: Added when the waiving party agrees to indemnify against any claims related to the waived liens
1. Schedule A - Property Description: Detailed legal description of the property subject to the lien waiver
2. Schedule B - Payment Details: Breakdown of payments received and/or pending, including relevant invoice numbers
3. Schedule C - Work Description: Detailed description of work performed or materials supplied covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate
Infrastructure Development
Commercial Property
Residential Property
Industrial Development
Mining
Oil and Gas
Manufacturing
Government/Public Works
Relevant Teams
Legal
Construction
Property Management
Finance
Procurement
Contract Administration
Risk Management
Project Management
Operations
Commercial
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Property Developer
Construction Site Supervisor
Procurement Manager
Quantity Surveyor
Chief Financial Officer
Risk Manager
Facilities Manager
Real Estate Manager
Construction Director
Commercial Director
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