Lien Waiver Template for Netherlands

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Key Requirements PROMPT example:

Lien Waiver

"I need a Lien Waiver for a final payment of €2.5M on a commercial building project in Amsterdam, to be executed by March 2025, with confirmation that all subcontractors have also waived their rights."

Document background
The Lien Waiver is an essential document in Dutch construction and development projects, used when parties need to formally acknowledge receipt of payment and waive their rights to place liens or claims on a property. Under Dutch law (Burgerlijk Wetboek), while mechanics' liens operate differently than in common law jurisdictions, similar principles apply regarding the protection of contractors' and suppliers' rights. This document is typically required at various stages of a construction project, particularly when progress payments are made or upon final payment. The Lien Waiver includes specific details about the project, parties involved, payment amounts, and the exact rights being waived. It serves as a crucial risk management tool for property owners and developers while providing a clear framework for payment processing and project completion.
Suggested Sections

1. Identification of Parties: Names and details of the Waiving Party (contractor/subcontractor) and the Beneficiary Party (usually the property owner or general contractor)

2. Project Details: Specific information about the construction project, including address, project name, and contract reference numbers

3. Rights Being Waived: Clear description of the lien rights being waived and the scope of the waiver

4. Payment Acknowledgment: Confirmation of payments received and details of the amount for which the lien is being waived

5. Representations and Warranties: Statements confirming the waiving party's authority to waive the lien and that no assignment of lien rights has occurred

6. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditional Waiver Terms: Used when the waiver is conditional upon receipt of payment or other conditions

2. Reservation of Rights: Include when the waiving party needs to reserve certain rights or claims

3. Lower-tier Confirmations: Used when confirmation is needed that all lower-tier contractors have been paid

4. Notarization Block: Include when notarization is required for the specific project or jurisdiction

5. Partial vs. Final Waiver: Specific section clarifying whether this is a partial or final waiver of lien rights

Suggested Schedules

1. Schedule A - Project Description: Detailed description of the project and property involved

2. Schedule B - Payment Details: Breakdown of payments received and/or pending, and the specific amount covered by the waiver

3. Schedule C - Scope of Work: Description of the work performed by the waiving party

4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment confirmations, or other supporting documentation

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 Industries

Construction

Real Estate

Infrastructure

Commercial Property Development

Residential Development

Industrial Construction

Public Works

Hospitality

Retail Development

Healthcare Facilities

Relevant Teams

Legal

Construction

Project Management

Operations

Finance

Procurement

Risk Management

Compliance

Real Estate

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Site Supervisor

Procurement Manager

Financial Controller

Real Estate Manager

Operations Director

Risk Manager

Compliance Officer

Construction Administrator

Development Director

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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