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Conditional Lien Waiver
"I need a Conditional Lien Waiver for a commercial construction project in Lagos, Nigeria, where my company (ABC Construction Ltd) is the general contractor, waiving lien rights for NGN 25 million upon payment from XYZ Developers, with the waiver becoming effective only after the payment clears in March 2025."
1. Parties: Identification of the lien holder (contractor/subcontractor) and the property owner/general contractor
2. Background: Context of the original work performed, original contract details, and the circumstances leading to the lien waiver
3. Definitions: Key terms used throughout the document including 'Lien Rights', 'Project', 'Property', 'Contract Price', and 'Payment'
4. Scope of Work: Detailed description of the work performed that gave rise to the lien rights
5. Waiver Amount: Specific amount covered by the lien waiver
6. Waiver Conditions: Clear statement of the conditions that must be met for the waiver to become effective, typically payment receipt
7. Property Description: Legal description of the property against which the lien rights are being waived
8. Representations and Warranties: Statements confirming the lien holder's authority to waive the lien and other standard warranties
9. Governing Law: Specification of Nigerian law as the governing law and relevant jurisdiction
10. Execution: Signature blocks and execution requirements
1. Partial Waiver Provisions: Used when the waiver covers only a portion of the total lien rights or work performed
2. Subcontractor Provisions: Required when the waiver involves subcontractor rights and obligations
3. Release of Additional Claims: Optional broader release of other claims beyond the lien rights
4. Retention Rights: Used when retaining certain rights or claims despite the waiver
5. Progressive Payment Provisions: Included when the waiver is part of a series of progress payments
6. Dispute Resolution: Optional section detailing specific dispute resolution procedures
1. Schedule A - Property Description: Detailed legal description of the property including surveys and plans
2. Schedule B - Payment Details: Breakdown of payment amounts, including any previous payments and remaining balance
3. Schedule C - Work Description: Detailed scope of work performed, including any change orders or modifications
4. Schedule D - Supporting Documents: List of relevant contract documents, invoices, and payment records
5. Appendix 1 - Notarization Requirements: Specific requirements for notarization under Nigerian law
6. Appendix 2 - Affidavit of Non-Payment: Template affidavit to be used if payment condition is not met
Authors
Applicable Law
Certification of Payment
Claim
Completion Date
Contract
Contract Price
Contract Documents
Contractor
Effective Date
Lien
Lien Rights
Material Supplier
Notice of Lien
Owner
Party/Parties
Payment
Payment Due Date
Progress Payment
Project
Property
Release Date
Retained Amount
Scope of Work
Services
Subcontractor
Substantial Completion
Through Date
Waiver Amount
Waiver Conditions
Work Performed
Recitals
Definitions
Scope of Waiver
Conditions Precedent
Payment Terms
Property Description
Representations and Warranties
Release of Claims
Reservation of Rights
Notice Requirements
Governing Law
Amendment
Severability
Entire Agreement
Counterparts
Authority to Execute
Notarization Requirements
Sworn Statement
Indemnification
Further Assurances
Waiver Effectiveness
Dispute Resolution
Compliance with Law
Construction
Real Estate
Infrastructure Development
Commercial Property
Residential Development
Industrial Construction
Oil and Gas Construction
Mining
Healthcare Construction
Educational Facility Construction
Legal
Construction Management
Project Management
Contract Administration
Risk Management
Finance
Operations
Procurement
Commercial
Development
Construction Manager
Project Director
Legal Counsel
Contract Administrator
Property Developer
Site Manager
Quantity Surveyor
Construction Finance Manager
Risk Manager
Commercial Director
Development Manager
Chief Operating Officer
Project Control Manager
Procurement Manager
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