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Final Waiver Of Lien

Final Waiver Of Lien Template for South Africa

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Key Requirements PROMPT example:

Final Waiver Of Lien

"I need a Final Waiver of Lien for our Cape Town commercial building project (Project ID: CT-2025-101), confirming receipt of full payment of R15.2 million and unconditionally releasing all lien rights against the property owner and general contractor."

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Document background
The Final Waiver of Lien is a crucial document in South African construction and development projects, typically executed upon completion of work and receipt of final payment. This document is essential when contractors, subcontractors, or suppliers need to formally relinquish their rights to claim against a property for work performed or materials supplied. The Final Waiver of Lien must comply with South African construction law and property regulations, requiring careful attention to detail in its preparation and execution. It serves as protection for property owners and developers against future claims, while also providing confirmation that contractors have received all due payments. The document is commonly required before final payments are released or during property sale transactions to ensure clear title.
Suggested Sections

1. Identification of Parties: Full legal names and details of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (usually the property owner or general contractor)

2. Project Details: Specific identification of the construction project, including property address, project name, and any relevant contract numbers or dates

3. Payment Acknowledgment: Detailed acknowledgment of payments received, including specific amounts and dates

4. Waiver Statement: Clear and unambiguous statement waiving all lien rights and claims related to the project, including specific rights being waived

5. Warranty of Authority: Statement confirming the signing party's authority to execute the waiver and that no rights have been previously assigned

6. Execution: Formal signing section including date and witness requirements per South African law

Optional Sections

1. Retention Release: Optional section for cases where retention money is being released along with the final payment

2. Subcontractor Confirmation: Additional section required when the waiving party needs to confirm all subcontractors and suppliers have been paid

3. Conditional Waiver Provisions: Required when the waiver is conditional upon receipt of final payment rather than acknowledging payment already received

4. Exceptions and Reservations: Optional section listing any specific claims or rights that are not being waived, if applicable

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of all payments received throughout the project, including dates and invoice references

2. Schedule B - Project Scope: Detailed description of the work or materials provided under the original contract that are covered by this waiver

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment certificates, or other supporting documentation

4. Appendix 2 - Corporate Resolution: If applicable, corporate resolution or other authorization documents proving authority to sign the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions






























Clauses




















Relevant Industries

Construction

Real Estate Development

Infrastructure Development

Mining

Commercial Property

Industrial Development

Residential Development

Engineering Services

Architecture and Design

Manufacturing

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Risk and Compliance

Property Development

Commercial

Operations

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Property Developer

Site Manager

Quantity Surveyor

Finance Manager

Construction Director

Procurement Manager

Risk Manager

Compliance Officer

Development Director

Commercial 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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