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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."
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
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
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
Business Day
Claim
Contract Price
Contract Works
Effective Date
Final Payment
Lien
Lien Rights
Materials
Owner
Payment
Progress Payment
Project
Property
Release
Security Interest
Services
Subcontractor
Supplier
Waiver
Work
Work Site
Releasor
Releasee
Related Bodies Corporate
Permitted Security Interest
Construction Period
Contract Documents
Completion Date
Release of Lien Rights
Representations and Warranties
Payment Certification
Property Description
Work Performed
Waiver of Claims
Governing Law
Indemnification
Authority to Execute
Severability
Entire Agreement
Further Assurances
Conditional Release
Unconditional Release
Subcontractor Confirmation
Notice Requirements
Dispute Resolution
Execution and Delivery
Amendment
Construction
Property Development
Real Estate
Infrastructure
Mining
Commercial Property
Residential Property
Industrial Development
Building Materials
Engineering Services
Legal
Construction
Project Management
Finance
Procurement
Risk Management
Commercial
Property Development
Contract Administration
Operations
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
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