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Partial Lien Waiver Form for Nigeria

Partial Lien Waiver Form Template for Nigeria

A Partial Lien Waiver Form is a legal document used in Nigerian construction projects to formally waive mechanic's lien rights for specific payments received during the course of construction work. This document, governed by Nigerian property and construction law, serves as evidence that a contractor, subcontractor, or supplier has received partial payment for their work or materials and accordingly waives their right to file a lien against the property for that specific portion of payment. The form includes detailed information about the project, payment amount, and specific rights being waived, while preserving rights for unpaid work or future claims.

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Partial Lien Waiver Form

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What is a Partial Lien Waiver Form?

The Partial Lien Waiver Form is a crucial document in Nigerian construction projects that helps maintain clear payment records and protect all parties involved in construction transactions. It is typically used when a contractor, subcontractor, or supplier receives a progress payment and needs to formally acknowledge receipt while waiving their right to file a lien for that specific payment amount. The document is essential in Nigerian construction practice as it helps prevent double payment claims and provides clear documentation of payment history. The form must comply with Nigerian property law and construction regulations, making it a vital tool in construction project management and payment processing. This document is particularly important in large-scale construction projects where multiple parties are involved and payment schedules are complex.

What sections should be included in a Partial Lien Waiver Form?

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

2. Parties: Full legal names and addresses of the Lien Waiver Provider (contractor/subcontractor/supplier) and the Party receiving the waiver (usually the property owner or general contractor)

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

4. Waiver Statement: Clear statement of the specific lien rights being waived, limited to the payment amount received

5. Reservation of Rights: Statement preserving rights for retention amounts, unbilled work, and pending claims

6. Sworn Statement: Declaration that the information provided is true and correct

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

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

1. Conditional Waiver Clause: Optional section to make the waiver conditional upon receipt of payment, used when the waiver is signed before payment is received

2. Third-Party Rights: Section addressing rights of subcontractors or suppliers, needed when the waiving party has engaged other parties

3. Previous Payments: Summary of previous payments received, useful for complex projects with multiple payment phases

4. Insurance Claims: Statement regarding any pending insurance claims related to the project, included when there are active or potential claims

5. Local Law Compliance: Additional provisions required by specific Nigerian states or localities, included based on project location

What schedules should be included in a Partial Lien Waiver Form?

1. Schedule A - Payment Details: Detailed breakdown of the payment amount, including any withholdings or deductions

2. Schedule B - Project Scope: Description of 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 - Previous Waivers: Copies of any previous lien waivers executed for the same project

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

Lien Waiver

Cost

Free to use
Relevant legal definitions




























Clauses


















Relevant Industries

Construction

Real Estate

Infrastructure Development

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Relevant Teams

Legal

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Project Management

Finance

Operations

Procurement

Risk Management

Commercial

Contract Administration

Claims Management

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Construction Site Supervisor

Quantity Surveyor

Procurement Manager

Finance Director

Construction Director

Property Developer

Claims Manager

Risk Manager

Commercial Manager

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