Waiver And Release Of Lien Template for Australia

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Key Requirements PROMPT example:

Waiver And Release Of Lien

"I need a Waiver and Release of Lien for a final payment of $250,000 on a commercial building renovation project in Sydney, with confirmation that all subcontractors have been paid in full."

Document background
The Waiver and Release of Lien is a critical document in Australian construction and property development, used when a party who has provided work, services, or materials wishes to formally release their security interest in a property. This document is particularly important for property owners, developers, and contractors as it helps maintain clear property titles and facilitates project completion and payment processes. It must comply with both federal legislation such as the Personal Property Securities Act 2009 and state-specific building and construction laws. The document typically includes details of the property, the work performed, payment acknowledgment, and explicit waiver language. It can be used for both partial releases (such as progress payments) or final releases upon project completion. The waiver may be conditional (pending payment) or unconditional, depending on the circumstances and agreement between parties.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including the lien holder (typically contractor/subcontractor) and the property owner or principal contractor

2. Background: Outlines the context of the original work, contract, or circumstances that gave rise to the lien rights

3. Definitions: Defines key terms used in the document, including 'Property', 'Work', 'Lien Rights', and 'Payment'

4. Property Description: Detailed description of the property against which the lien rights are being waived

5. Work Description: Description of the work, services, or materials provided that gave rise to the lien rights

6. Payment Acknowledgment: Acknowledgment of receipt of payment (if applicable) and the amount received

7. Waiver and Release: Express waiver and release of all lien rights and claims relating to the work

8. Representations and Warranties: Statements confirming the lien holder's authority to release the lien and that no assignment of rights has occurred

9. Governing Law: Specifies that Australian law governs the document and identifies the relevant state jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditional Release Provisions: Used when the release is conditional upon receipt of payment or other conditions

2. Partial vs Final Release: Specific provisions clarifying whether this is a partial or final release of lien rights

3. Subcontractor Confirmation: Used when confirmation is needed that all subcontractors and suppliers have been paid

4. Indemnification: Added when the releasing party needs to indemnify against future claims

5. Progress Payment Details: Required when the release relates to specific progress payments rather than final payment

6. Reservation of Rights: Used when certain rights need to be preserved despite the general release

7. Certification of Payment to Others: Added when certification of payments to subcontractors or suppliers is required

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property, including lot numbers, boundaries, and title references

2. Schedule B - Work Description: Detailed scope of work and materials provided under the original contract

3. Schedule C - Payment Schedule: Breakdown of payments received and/or outstanding amounts

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

5. Appendix 2 - Original Contract Reference: Reference details or extract of the original contract giving rise to the lien rights

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

Relevant Industries

Construction

Property Development

Real Estate

Infrastructure

Mining

Commercial Property

Residential Property

Industrial Development

Building Materials

Engineering Services

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Risk Management

Commercial

Property Development

Contract Administration

Operations

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Site Manager

Quantity Surveyor

Commercial Manager

Finance Manager

Construction Lawyer

Procurement Manager

Development Manager

Claims Manager

Risk Manager

Company Secretary

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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