The Waiver Of Lien To Date And Contractor's Affidavit is a fundamental document in Philippine construction projects, typically required at various stages of construction and especially during payment milestones. This document serves to protect property owners from double payment risks while providing a clear record of payments made and received. It is particularly important in the Philippine context where construction lien rights are strongly protected under the Civil Code and construction industry regulations. The document includes both a waiver component, releasing lien rights for work completed and paid for up to a specific date, and an affidavit component where the contractor swears to the status of payments to subcontractors and suppliers. This combination ensures transparency in payment flows and helps prevent potential disputes. The document must be properly notarized according to Philippine law to be legally binding.
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1. Project Identification: Details of the construction project including project name, address, and contract reference numbers
2. Parties: Identification of the Contractor/Affiant, Owner, and General Contractor (if applicable)
3. Payment Acknowledgment: Specific acknowledgment of payments received to date, including the amount and date of the last payment
4. Waiver Declaration: Formal waiver statement releasing lien rights up to a specific date
5. Contractor's Affidavit: Sworn statement regarding payment status to subcontractors and suppliers
6. Outstanding Claims Declaration: Statement regarding any outstanding claims or potential claims
7. Notarial Section: Space for notary public's certification and acknowledgment as required under Philippine law
1. Subcontractor List: Detailed list of all subcontractors and suppliers - include when the project involves significant subcontracted work
2. Conditional Waiver Provisions: Additional provisions making the waiver conditional upon certain payments - include when the waiver is being executed before payment receipt
3. Retention Rights Reservation: Specific reservation of rights related to retained amounts - include when there is a retention amount held
4. Previous Payments Schedule: Detailed breakdown of all previous payments - include for complex projects with multiple payment phases
1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed to date
2. Schedule B - Subcontractor Payment Status: List of all subcontractors and suppliers with their payment status
3. Schedule C - Outstanding Claims: Detailed list of any outstanding claims or disputes
4. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, contracts, or other supporting documentation
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Legal
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Finance
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Construction Manager
Project Manager
Contract Administrator
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Construction Site Supervisor
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Construction Company Owner
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Construction Accountant
Procurement Manager
Claims Manager
Risk Manager
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