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Full And Final Unconditional Lien Waiver
"I need a Full and Final Unconditional Lien Waiver for our Cape Town office complex construction project completing in March 2025, covering five subcontractors who provided various services including electrical, plumbing, and HVAC installations, with a total project value of R15 million."
1. Identification of Parties: Full legal names and details of the Contractor/Subcontractor (Lien Holder) and the Property Owner/General Contractor (Party Receiving Waiver)
2. Project Information: Details of the construction project, including project name, location, and contract reference numbers
3. Payment Acknowledgment: Confirmation of receipt of specified payment amount and that it represents payment in full
4. Waiver Declaration: Clear and unequivocal statement waiving all lien rights and claims relating to the project
5. Property Description: Legal description of the property against which the lien rights are being waived
6. Scope of Work: Description of all work, materials, and services provided that are covered by this waiver
7. Warranty of Authority: Statement confirming the signing party's authority to execute the waiver
8. Governing Law: Specification that South African law governs the waiver
9. Signature Block: Space for authorized signatures, witness details, and dates
1. Prior Lien Rights: Section addressing any previously filed liens that are being explicitly released
2. Conditional Provisions: Only used if any specific conditions must be met before the waiver becomes effective
3. Multiple Property Clause: Required when the waiver covers work on multiple properties
4. Subcontractor Confirmation: Section confirming all subcontractors and suppliers have been paid, used when the waiver is from a general contractor
5. Retention Release: Section specifically addressing the release of retention amounts, if applicable
1. Schedule A - Property Details: Detailed legal description of the property or properties involved
2. Schedule B - Payment Details: Breakdown of payments received and reconciliation of accounts
3. Schedule C - Work Description: Detailed description of all work, materials, and services covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, and contract references
5. Appendix 2 - Corporate Authority: Corporate resolutions or other proof of authority to execute the waiver, if applicable
Authors
Claimant
Contract
Contract Price
Contract Works
Effective Date
Final Payment
Lien
Lien Rights
Materials
Owner
Party/Parties
Payment
Project
Property
Release Date
Services
Site
Subcontractor
Waiver
Work
Works
Project Documents
Construction Period
Completion Date
Contract Documents
Claims
Consideration
Principal Contractor
Related Entities
Waiver and Release
Representations and Warranties
Authority to Execute
Governing Law
Binding Effect
Unconditional Release
Scope of Release
Property Description
Payment Confirmation
Indemnification
Severability
Further Assurance
Entire Agreement
Amendment
Counterparts
Notices
Dispute Resolution
No Revocation
Successors and Assigns
Construction
Real Estate Development
Commercial Property
Industrial Development
Infrastructure Development
Residential Development
Mining
Engineering
Manufacturing
Property Management
Legal
Construction
Project Management
Finance
Commercial
Procurement
Contract Administration
Risk Management
Development
Operations
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Construction Director
Quantity Surveyor
Site Manager
Commercial Director
Finance Manager
Property Developer
Development Manager
Construction Supervisor
Claims Manager
Procurement Manager
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