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Final Waiver Of Lien Form

Final Waiver Of Lien Form Template for Australia

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Key Requirements PROMPT example:

Final Waiver Of Lien Form

"Need to draft a Final Waiver of Lien Form for our commercial warehouse construction project in Perth, where our company (Smith Construction Pty Ltd) is the principal contractor who received final payment of AUD 2.5M on March 15, 2025, and needs to waive all lien rights against Western Storage Properties Ltd."

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Document background
The Final Waiver of Lien Form is a critical document in Australian construction and property development, operating within the framework of the Personal Property Securities Act 2009 (Cth) and state-specific security of payment legislation. This document is typically used upon completion of construction work and receipt of final payment, where contractors, subcontractors, or suppliers formally relinquish their rights to claim against the property or register security interests for work performed or materials supplied. The form serves as protection for property owners and developers, ensuring clear title to property and preventing future claims related to completed and paid work. It's particularly important in project closeout procedures and often required for final payment release or property refinancing.
Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers

2. Parties: Identification of the Lien Waiver (contractor/subcontractor/supplier) and the Party receiving the waiver (typically the property owner or general contractor)

3. Payment Acknowledgment: Declaration of the amount received and confirmation that it represents full and final payment for all work performed

4. Waiver Statement: Clear and unequivocal waiver of all lien rights related to the project, including any rights to claim against bonds

5. Legal Authority: Statement confirming the signing party has legal authority to execute the waiver

6. Execution Block: Signature blocks including date, witness requirements, and notarization section

Optional Sections

1. Conditional Waiver Clause: Used when the waiver is contingent upon receipt of final payment, making the waiver effective only upon actual receipt of specified funds

2. Retained Rights: Section preserving specific rights or claims outside the scope of the waiver, used when certain disputes or claims need to be preserved

3. Previous Payments: Summary of previous payments received, included when needed for complex payment histories or multiple payment phases

4. Indemnification: Additional protection for the property owner against future claims, used in high-value or high-risk projects

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property when the project involves multiple lots or complex property descriptions

2. Schedule B - Payment Details: Itemized breakdown of payments when the final payment covers multiple invoices or change orders

3. Schedule C - Related Projects: List of related projects or phases covered by the waiver when the work spans multiple projects or contracts

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Property Development

Real Estate

Infrastructure

Commercial Building

Residential Development

Industrial Construction

Mining

Engineering Services

Building Materials and Supply

Relevant Teams

Legal

Construction

Project Management

Commercial

Finance

Procurement

Contract Administration

Development

Risk Management

Operations

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Site Manager

Quantity Surveyor

Commercial Manager

Procurement Manager

Claims Manager

Finance Manager

Development Manager

Industries
Personal Property Securities Act 2009 (Cth): Federal legislation governing security interests in personal property, including construction materials and equipment. This Act provides the framework for registration and enforcement of security interests.
Building and Construction Industry Security of Payment Act (Various States): State-based legislation that provides for a statutory right to progress payments and establishes a rapid adjudication process for payment disputes in the construction industry.
Property Law Act (Various States): State legislation governing real property rights and interests, including the creation and discharge of interests in land.
Australian Contract Law (Common Law): Common law principles governing contract formation, validity, and enforcement, which are crucial for ensuring the waiver is legally binding.
Building and Construction Industry (Security of Payment) Regulations: Supplementary regulations that provide specific requirements for payment claims, schedules, and dispute resolution in the construction industry.
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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