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Partial Lien Waiver for Nigeria

Partial Lien Waiver Template for Nigeria

A Partial Lien Waiver under Nigerian law is a legal document used in construction projects to document the partial release of lien rights in exchange for payment. This document serves as evidence that a contractor, subcontractor, or supplier has received partial payment for work completed or materials supplied, and consequently waives their right to file a lien against the property for that specific portion of work or payment. The document operates within the framework of Nigerian construction and contract law, providing protection for both property owners and contractors while facilitating the orderly flow of payments in construction projects.

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Partial Lien Waiver

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What is a Partial Lien Waiver?

The Partial Lien Waiver is a crucial document in Nigerian construction projects that helps manage payment risks and protect parties' interests. It is typically used when a contractor, subcontractor, or supplier receives partial payment for ongoing work and needs to formally acknowledge this payment while releasing their lien rights for the paid portion only. The document preserves rights to claim liens for unpaid work or future work while providing property owners and lenders with necessary assurance that paid work won't be subject to future liens. This balanced approach, operating under Nigerian law, helps maintain smooth payment flows in construction projects while protecting all parties' interests. The Partial Lien Waiver should clearly specify the payment received, work covered, and rights being waived to ensure enforceability.

What sections should be included in a Partial Lien Waiver?

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

2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver

3. Payment Acknowledgment: Specific details of the payment received, including amount and date

4. Waiver Statement: Clear statement of the specific lien rights being waived, including the time period or work covered

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

6. Certification: Affirmation of authority to execute the waiver and truth of statements

7. Execution Block: Signature lines, dates, and notary section

What sections are optional to include in a Partial Lien Waiver?

1. Conditional Waiver Clause: Used when the waiver is contingent upon receipt of payment

2. Prior Rights Preservation: Added when there are specific prior lien rights that need to be preserved

3. Dispute Resolution: Included when parties want to specify how potential disputes about the waiver will be resolved

4. Third-Party Rights: Used when there are third-party beneficiaries or rights that need to be addressed

5. Insurance Claims Reservation: Added when preserving rights to insurance claims is necessary

What schedules should be included in a Partial Lien Waiver?

1. Payment Schedule: Detailed breakdown of payments received and work completed

2. Project Scope Description: Detailed description of work covered by the waiver

3. Outstanding Claims List: List of any pending or preserved claims not covered by the waiver

4. Supporting Documentation: Copies of relevant invoices, payment proofs, or other supporting documents

Authors

Alex Denne

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

Jurisdiction

Nigeria

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions






























Clauses






















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Oil and Gas Construction

Healthcare Facilities

Educational Facilities

Hospitality Development

Relevant Teams

Legal

Finance

Operations

Construction Management

Project Management

Procurement

Risk Management

Commercial

Development

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Finance Manager

Procurement Manager

Site Supervisor

Operations Director

Risk Manager

Claims Manager

Commercial Director

Development Manager

Quantity Surveyor

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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