The Full Waiver of Construction Lien is a critical document in Philippine construction law that protects both property owners and contractors by formally documenting the waiver of lien rights. This document is typically used when a contractor, subcontractor, or supplier has received full payment for their work or materials and needs to formally relinquish their right to file a construction lien against the property. The waiver must comply with Philippine civil law requirements and construction industry regulations, including proper notarization and execution procedures. It should be used when final payment has been made and all work has been completed satisfactorily, though variations exist for progress payments and conditional waivers. The document includes detailed information about the project, property, parties involved, and payment received, serving as a crucial risk management tool in construction projects.
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1. Parties: Identification of the Lien Holder (contractor/subcontractor/supplier) and the Property Owner/General Contractor
2. Background: Brief description of the construction project, contract relationship, and context for the lien waiver
3. Definitions: Key terms used in the waiver including 'Lien Rights', 'Property', 'Project', 'Contract', and 'Payment'
4. Project and Property Details: Specific description of the construction project and the property subject to the lien waiver
5. Waiver Declaration: Express statement of waiver of all lien rights related to the project
6. Consideration: Statement of payment or other consideration received in exchange for the waiver
7. Representations and Warranties: Declarations regarding authority to waive, payment status, and absence of other claims
8. Governing Law: Specification that Philippine law governs the waiver
9. Execution: Signature blocks and notarization requirements
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment or other conditions
2. Progress Payment Provisions: Required when the waiver relates to specific progress payments rather than final payment
3. Subcontractor Declarations: Needed when lower-tier contractors or suppliers are involved
4. Release of Additional Claims: Optional broader release of other construction-related claims
5. Retention Rights: Required when dealing with retained amounts not covered by the waiver
6. Indemnification: Optional provisions for indemnifying against future claims
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 dates and amounts
3. Schedule C - Contract Information: Details of the original construction contract and any relevant amendments
4. Schedule D - List of Works: Detailed description of construction works or services provided
5. Appendix 1 - Supporting Documents: Copies of relevant permits, licenses, or other supporting documentation
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Commercial Property
Residential Property
Infrastructure Development
Industrial Construction
Property Management
Architecture and Engineering
Building Materials and Supplies
Construction Finance
Relevant Teams
Legal
Construction
Project Management
Operations
Finance
Procurement
Risk Management
Compliance
Real Estate
Contract Administration
Relevant Roles
Construction Project Manager
Contract Administrator
Legal Counsel
Property Developer
Construction Site Manager
Procurement Manager
Real Estate Manager
Risk Manager
Commercial Director
Operations Manager
Chief Financial Officer
Construction Coordinator
Legal Compliance Officer
Project Control Specialist
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