Conditional Waiver And Release Of Lien

Conditional Waiver And Release Of Lien Template for South Africa

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Key Requirements PROMPT example:

"I need a Conditional Waiver and Release of Lien for a large-scale commercial construction project in Cape Town, where we're making a progress payment of R5.2 million to our general contractor for work completed through March 2025, with specific provisions for retained subcontractor claims."

Document background

The Conditional Waiver And Release Of Lien is a crucial document in South African construction and development projects, used when contractors, subcontractors, or suppliers need to release their lien rights in exchange for payment. This document is typically used at various stages of a construction project, particularly during progress payments or final payment. It serves as a safeguard for both the party making the payment and the party receiving it, ensuring that payment and lien release occur simultaneously. The document must comply with South African construction law, including the Construction Industry Development Board Act and related regulations. It typically includes details of the project, payment amount, scope of work covered, and specific conditions under which the release becomes effective. The conditional nature of the release provides protection for the releasing party by ensuring the payment must clear before the lien rights are waived.

Suggested Sections

1. Parties: Identification of the Claimant (contractor/subcontractor/supplier) and the Property Owner/General Contractor, including full legal names and addresses

2. Background: Description of the original contract, work performed, property details, and the context of the lien rights

3. Definitions: Key terms used in the document including 'Progress Payment', 'Conditional Release', 'Lien Rights', and other relevant terms

4. Payment Acknowledgment: Details of the payment amount, payment period, and work covered by this waiver

5. Conditional Release Statement: Clear statement that the release of lien rights is conditional upon receipt and clearance of the specified payment

6. Scope of Release: Specific description of what rights are being waived and what claims are being released

7. Reservation of Rights: Statement of rights retained by the claimant, including rights related to unpaid retention, pending modifications, and disputed claims

8. Warranties and Representations: Claimant's warranties regarding ownership of the lien rights and authority to execute the waiver

9. Execution: Signature blocks, date, and notary section if required

Optional Sections

1. Through-Date Provisions: Used when the release covers work through a specific date rather than just a specific payment

2. Exceptions for Retention: Include when retention is being held back and needs to be specifically excluded from the release

3. Progress Payment Schedule: Used for complex projects with multiple payment phases or progress payments

4. Subcontractor Provisions: Include when the waiver needs to address rights of subcontractors or suppliers under the claimant

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

6. Choice of Law: Include when project involves multiple jurisdictions or when parties want to explicitly state governing law

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property subject to the lien

2. Schedule B - Payment Details: Breakdown of the payment amount, including any previous payments and remaining balance

3. Schedule C - Work Description: Detailed description of work performed or materials supplied covered by this waiver

4. Appendix 1 - Original Contract: Copy or reference to the original contract or agreement giving rise to the lien rights

5. Appendix 2 - Proof of Authority: Documentation proving authority of the person signing the waiver (if signing in representative capacity)

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

alex.den.21@genieai.co

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Construction

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Engineering

Architecture

Property Development

Infrastructure

Mining

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Residential Property

Industrial Development

Relevant Teams

Legal

Construction Management

Project Management

Finance

Procurement

Contract Administration

Risk Management

Commercial Operations

Property Development

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Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Quantity Surveyor

Site Manager

Commercial Director

Finance Manager

Procurement Manager

Construction Director

Claims Manager

Risk Manager

Development Manager

Legal Administrator

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Let's create your Conditional Waiver And Release Of Lien

Authors

Alex Denne

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