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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."
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
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
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
Construction Contract
Subcontract
Work
Payment Amount
Security Interest (Sicherungsrecht)
Contractor's Lien (Werkunternehmerpfandrecht)
Construction Security (Bauhandwerkersicherung)
Progress Payment (Abschlagszahlung)
Final Payment (Schlussrechnung)
Waiver Period
Effective Date
Project Site
Contract Documents
Lower-tier Subcontractor
Payment Application
Retained Rights
Waived Rights
Project Owner (Bauherr)
General Contractor (Hauptunternehmer)
Subcontractor (Nachunternehmer)
Construction Manager (Bauleiter)
Payment Certificate
Outstanding Claims
Conditional Waiver
Unconditional Waiver
Supporting Documentation
Contract Price
Retention Amount (Einbehalt)
Completion Date
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Construction
Residential Development
Civil Engineering
Public Works
Energy Infrastructure
Transportation Infrastructure
Legal
Finance
Construction Management
Project Management
Procurement
Risk Management
Commercial
Accounts Payable
Contract Administration
Project Controls
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
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