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Lien Waiver (Construction)
"I need a Construction Lien Waiver for a residential development project in Cape Town, South Africa, where our company is the main contractor, and we need to provide conditional waivers for a progress payment of R5.2 million due in March 2025."
1. Parties: Identification of all relevant parties including the waiving party (contractor/subcontractor), the beneficiary of the waiver, and the property owner
2. Background: Context of the construction project, reference to the main contract, and description of work performed
3. Definitions: Key terms including 'Lien Rights', 'Project', 'Property', 'Contract Price', and 'Payment Amount'
4. Waiver Statement: Express waiver of lien rights and claims relating to labor, services, or materials provided
5. Project Details: Specific description of the property, project, and work performed, including relevant dates
6. Payment Acknowledgment: Confirmation of payment received or to be received, including amount and form of payment
7. Scope of Waiver: Detailed description of what rights are being waived and any reservations of rights
8. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors and suppliers have been paid
9. Governing Law: Specification that South African law governs the waiver
10. Execution: Signature blocks and execution requirements
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Retained Rights: Include when certain rights or claims are specifically preserved or excluded from the waiver
3. Subcontractor Acknowledgments: Used when there are subcontractors involved, including their confirmations of payment
4. Indemnification: Optional provision where the waiving party indemnifies against future claims
5. Notarial Certification: Include when notarization is required for additional authenticity
6. Dispute Resolution: Include when parties want to specify method for resolving disputes about the waiver
1. Schedule A - Property Description: Detailed legal description of the property subject to the waiver
2. Schedule B - Payment Details: Breakdown of payments received and outstanding amounts
3. Schedule C - Work Description: Detailed scope of work performed and materials supplied
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment certificates, or other supporting documentation
5. Appendix 2 - Related Agreements: Copies of relevant contract excerpts or related agreements
6. Appendix 3 - Subcontractor Waivers: Copies of lien waivers from subcontractors and suppliers, if applicable
Authors
Construction
Real Estate
Property Development
Infrastructure
Commercial Building
Residential Development
Industrial Construction
Mining Construction
Public Works
Engineering Services
Legal
Construction Operations
Project Management
Finance
Procurement
Risk and Compliance
Contract Administration
Development
Property Management
Document Control
Construction Manager
Project Director
Contract Administrator
Legal Counsel
Quantity Surveyor
Site Manager
Procurement Manager
Finance Director
Development Manager
Construction Operations Manager
Risk Manager
Compliance Officer
Project Coordinator
Claims Manager
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