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Subcontractor Lien Waiver Form

Subcontractor Lien Waiver Form Template for Australia

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Key Requirements PROMPT example:

Subcontractor Lien Waiver Form

"I need a Subcontractor Lien Waiver Form for a conditional progress payment on a commercial construction project in New South Wales, with specific provisions for retained amounts and a payment due date of March 15, 2025."

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Document background
The Subcontractor Lien Waiver Form is a critical document in Australian construction projects, used when a subcontractor receives payment for completed works and consequently waives their right to place a lien on the property. This document is essential for maintaining clear payment records and protecting all parties' interests in construction projects. It operates within the framework of state-specific Security of Payment legislation and the federal Personal Property Securities Act 2009. The form is typically used at various payment stages - whether for progress payments or final payment - and can be either conditional (pending payment) or unconditional (after payment receipt). It includes details of the project, payment amount, scope of work covered, and specific rights being waived.
Suggested Sections

1. Parties: Identification of all relevant parties: Contractor, Subcontractor, and Property Owner (if applicable)

2. Project Information: Details of the construction project including project name, address, and any relevant contract numbers or references

3. Payment Details: Specification of the payment amount being received and the period or work it covers

4. Waiver Statement: The core waiver language releasing rights to file liens for the specified work and payment

5. Representations and Warranties: Subcontractor's confirmation that all lower-tier subcontractors and suppliers have been paid

6. Execution: Signature blocks for all required parties, including witness or notary provisions

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receiving payment, including specific conditions that must be met

2. Retention Rights: Include when there are retained amounts that are specifically excluded from the waiver

3. Progress Payment Provisions: Used for progress payments to specify that the waiver only applies to work completed up to a certain date

4. Disputed Claims Reserve: Include when there are disputed amounts that are specifically excluded from the waiver

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including original contract sum, approved variations, and current payment

2. Schedule B - Completed Works: Itemized list of works completed and covered by this waiver

3. Schedule C - Outstanding Claims: List of any preserved claims or disputed amounts not covered by the waiver

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

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

Infrastructure

Mining

Commercial Real Estate

Residential Development

Industrial Construction

Engineering

Building Services

Relevant Teams

Legal

Construction

Commercial

Finance

Operations

Procurement

Contract Administration

Project Management

Risk Management

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Commercial Manager

Quantity Surveyor

Legal Counsel

Construction Lawyer

Finance Manager

Site Manager

Operations Manager

Procurement Manager

Claims Manager

Industries
Building and Construction Industry Security of Payment Act (Various States): State-specific legislation that regulates payment rights and obligations in the construction industry, including NSW's 1999 Act, Victoria's 2002 Act, and similar acts in other states. These acts provide the framework for payment claims and dispute resolution.
Personal Property Securities Act 2009 (Cth): Federal legislation that governs security interests in personal property, including construction materials and equipment. Relevant for understanding how liens and security interests are registered and enforced.
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Federal legislation that provides consumer protections and affects how contracts, including waivers, can be structured to ensure they are not unfair or misleading.
Contract Law Act 1969: Governs the formation and enforcement of contracts, including the validity of waivers and releases. Important for ensuring the lien waiver is legally binding.
Building and Construction Industry (Improving Productivity) Act 2016: Federal legislation that affects the regulation of building work and payment practices in the construction industry.
Civil Liability Acts (Various States): State-specific legislation that governs civil liability and can affect how releases and waivers are interpreted and enforced.
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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