Subcontractor Lien Waiver Form Template for Germany

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Key Requirements PROMPT example:

Subcontractor Lien Waiver Form

"I need a Subcontractor Lien Waiver Form under German law for a progress payment of €250,000 for our Berlin office complex construction project, with conditional release provisions pending payment verification scheduled for March 15, 2025."

Document background
The Subcontractor Lien Waiver Form is a critical document in German construction projects, used when subcontractors receive payment for completed work and are required to waive their statutory security interests. Under German law, contractors and subcontractors have specific rights under the BGB, including the Werkunternehmerpfandrecht (contractor's lien) and Bauhandwerkersicherung (construction worker's security), which provide security for payment claims. This document is typically required before progress payments or final payments are released, ensuring that the project owner and general contractor are protected against double payment risks or subsequent lien claims. The form must comply with German legal requirements and can be either conditional (pending payment) or unconditional (after payment receipt), making it essential for proper project payment management and risk mitigation.
Suggested Sections

1. Parties: Identification of the subcontractor providing the waiver, the general contractor receiving it, and the project owner

2. Project Information: Details of the construction project including address, project name, and contract reference numbers

3. Payment Information: Specification of the payment amount received or to be received, including invoice references and payment period covered

4. Waiver Declaration: Express waiver of security interests (Sicherungsrechte) and other claims under BGB §§ 647, 648, and 648a relating to the specified payment

5. Scope of Waiver: Clear delineation of what claims and rights are being waived, including specific reference to German law concepts of Werkunternehmerpfandrecht and Bauhandwerkersicherung

6. Retained Rights: Specification of any rights or claims explicitly retained by the subcontractor

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

8. Execution: Date and signature blocks for authorized representatives

Optional Sections

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

2. Lower-tier Certifications: Additional section for attached certifications from lower-tier subcontractors, used in complex projects with multiple subcontractor levels

3. Notarization Block: Used when notarization is required by the project owner or primary contractor

4. Reservation of Rights: Used when certain specific claims or rights need to be explicitly reserved, such as retention amounts or disputed claims

5. Declaration of No Outstanding Claims: Used for final waivers to explicitly state that no other claims exist against the project

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payments received and work performed, including dates and invoice references

2. Schedule B - Project Scope: Description of the specific work or materials provided by the subcontractor covered by this waiver

3. Appendix 1 - Lower-tier Confirmations: Attached payment confirmations or waivers from lower-tier subcontractors and suppliers

4. Appendix 2 - Supporting Documents: Copies of relevant invoices, payment proof, or other supporting documentation referenced in the waiver

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 legal definitions
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Construction

Residential Development

Civil Engineering

Public Works

Energy Infrastructure

Transportation Infrastructure

Relevant Teams

Legal

Finance

Construction Management

Project Management

Procurement

Risk Management

Commercial

Accounts Payable

Contract Administration

Project Controls

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Procurement Manager

Site Supervisor

Finance Director

Construction Director

Risk Manager

Commercial Manager

Project Controller

Claims Manager

Accounts Payable Manager

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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