Subcontractor Conditional Lien Waiver Form Generator for England and Wales

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Key Requirements PROMPT example:

Subcontractor Conditional Lien Waiver Form

"I need a Subcontractor Conditional Lien Waiver Form for our mechanical engineering works on the Chelsea Tower project, with a payment amount of £250,000 relating to Phase 2 works completed in March 2025, to be governed by English law."

Document background
The Subcontractor Conditional Lien Waiver Form is commonly used in construction and development projects to manage payment risks and maintain clear payment chains. While England and Wales don't have the same mechanics' lien system as the US, this document serves to waive various rights to payment claims under both contract and statute, conditional upon receipt of specified payment. It's typically required before progress payments or final payments are released, providing security to the paying party while protecting the subcontractor's rights until payment is received. The document should clearly specify the project, payment amount, and precise conditions for the waiver to become effective.
Suggested Sections

1. Project Identification: Details of the specific project and contract reference

2. Parties: Identification of waiving party (subcontractor) and beneficiary

3. Payment Details: Specific payment amount and date covered by the waiver

4. Scope of Waiver: Explicit description of rights being waived

5. Conditional Terms: Conditions that must be met for waiver to become effective

6. Execution Block: Signature section with date and witness provisions

Optional Sections

1. Retention Rights: Special provisions relating to retention monies when applicable to the project

2. Third Party Rights: Provisions addressing rights of third parties in the payment chain

3. Exceptions: Specific claims or rights that are explicitly preserved and not waived

Suggested Schedules

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Project Works Schedule: Description of works covered by the waiver

3. Supporting Documentation: Copies of relevant invoices or payment applications

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

Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - contains key provisions for payment mechanisms and the right to suspend performance for non-payment in construction contracts

Late Payment of Commercial Debts (Interest) Act 1998: Governs statutory interest provisions and payment terms in commercial contracts, including construction agreements

Contracts (Rights of Third Parties) Act 1999: Determines how contractual rights might affect or be affected by third parties who are not direct parties to the contract

Civil Procedure Rules: Procedural rules governing civil litigation in England and Wales, particularly relevant for enforcement mechanisms of contractual rights

Common Law - Contract Formation: Legal principles established through case law regarding the formation of valid contracts, including offer, acceptance, and consideration

Common Law - Waiver Principles: Legal principles established through case law regarding the valid waiver of rights and conditional agreements

Retention of Title: Legal principle allowing suppliers to retain ownership of goods until certain conditions (usually payment) are met, as an alternative to statutory liens

Charging Orders: Legal mechanism allowing creditors to secure a debt against a debtor's property or assets, serving as an alternative to traditional liens

Adjudication Rights: Statutory right under the Construction Act for parties to refer disputes to adjudication, providing a faster alternative to court proceedings

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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