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Contractor's Final Release And Waiver Of Lien Template for Netherlands

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Key Requirements PROMPT example:

Contractor's Final Release And Waiver Of Lien

"I need a Contractor's Final Release and Waiver of Lien for a residential development project in Amsterdam, where we're working with multiple subcontractors and need to ensure all claims are properly released before making the final payment of €2.5 million in March 2025."

Document background
The Contractor's Final Release And Waiver Of Lien is a critical document used in the Netherlands at the conclusion of construction projects or major contracting works. It is typically executed when the contractor has completed all work and received final payment, serving as formal confirmation that all financial obligations have been met and that the contractor waives any right to place liens on the property or make future claims. Under Dutch law, particularly the provisions of the Burgerlijk Wetboek regarding property rights and contract law, this document provides essential protection for property owners and developers while offering a clear mechanism for project closure. It should include comprehensive details about the project, payment confirmation, and specific rights being waived, and is often required for property transactions or project financing closure.
Suggested Sections

1. Parties: Identification of the Contractor (lien waiver provider) and the Owner/Principal (beneficiary of the waiver)

2. Background: Details of the original contract, project description, and context for the waiver

3. Definitions: Key terms used in the document, including 'Project', 'Contract', 'Lien', 'Final Payment', and 'Claims'

4. Acknowledgment of Payment: Confirmation of receipt of final payment and total amount received under the contract

5. Release and Waiver: Core section detailing the scope of claims and liens being released and waived

6. Representations and Warranties: Contractor's confirmations regarding payment to subcontractors, absence of outstanding claims, and authority to execute

7. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

8. Execution: Signature blocks and execution requirements

Optional Sections

1. Reservation of Rights: Optional section preserving specific rights or claims, used when certain matters are explicitly excluded from the waiver

2. Subcontractor Confirmation: Used when confirmation of payment to all subcontractors is required as part of the release

3. Notarization: Required if the document needs to be notarized for registration or enforceability purposes

4. Conditional Release Provisions: Used when the release is conditional upon certain events or payment clearance

5. Insurance Claims: Optional section addressing treatment of insurance claims and rights, used when insurance matters need separate handling

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project, including location, scope, and relevant contract references

2. Schedule B - Payment Summary: Breakdown of all payments received under the contract, including the final payment

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers, with confirmation of their payment status

4. Appendix 1 - Original Contract Reference: Copy or summary of the original contract details being referenced

5. Appendix 2 - Supporting Documents: Any required supporting documentation such as payment proofs or subcontractor releases

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

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Civil Engineering

Architecture

Property Development

Building Materials

Engineering Services

Facilities Management

Relevant Teams

Legal

Construction

Project Management

Operations

Finance

Procurement

Risk Management

Commercial

Property Development

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Manager

Legal Counsel

Property Developer

Site Manager

Procurement Manager

Finance Director

Commercial Director

Operations Manager

Development Manager

Facilities Manager

General Counsel

Risk Manager

Claims Manager

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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