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Conditional Waiver And Release Of Lien
I need a Conditional Waiver and Release of Lien for a Dubai commercial construction project, where we're the general contractor releasing lien rights against the developer upon receipt of AED 2.5 million progress payment scheduled for March 2025.
1. Parties: Identification of the party giving the waiver (typically contractor/subcontractor) and the party receiving it (typically owner/contractor)
2. Background: Brief description of the project, the original contract, and the context for the lien waiver
3. Definitions: Key terms used in the document including 'Lien', 'Project', 'Contract', 'Payment Amount', and 'Effective Date'
4. Payment Acknowledgment: Details of the payment amount that triggers the waiver, including invoice references and payment terms
5. Scope of Waiver: Specific description of the lien rights being waived and the work/materials covered by the waiver
6. Conditional Release: Clear statement that the release only becomes effective upon receipt of the specified payment
7. Representations and Warranties: Statements confirming the waiving party's authority and that no assignment of lien rights has occurred
8. Governing Law and Jurisdiction: Specification of UAE law as governing law and relevant Emirates' courts' jurisdiction
1. Reservation of Rights: Section preserving rights for retention amounts, unresolved claims, or pending change orders - used when there are outstanding issues
2. Subcontractor Confirmation: Confirmation that all subcontractors and suppliers have been paid - used when the waiving party has subcontractors
3. Previous Payments: Acknowledgment of prior payments received - used for progress payments rather than final payment
4. Notarization Section: Space for notary attestation - used when notarization is specifically required by the contract or local requirements
5. Language Provision: Clause specifying which language prevails if the document is bilingual - used when Arabic translation is provided
1. Schedule A - Project Details: Detailed description of the project including location, contract numbers, and scope of work
2. Schedule B - Payment Details: Breakdown of the payment amount, including any relevant invoices and payment applications
3. Schedule C - Outstanding Claims List: List of any excluded or reserved claims not covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, and other supporting documentation
5. Appendix 2 - Authority Documents: Corporate authority documents proving signatory's authority to execute the waiver
Authors
Interpretation
Payment Acknowledgment
Conditional Release
Scope of Release
Representations and Warranties
Payment Terms
Conditions Precedent
Reservation of Rights
Authorization
Governing Law
Jurisdiction
Notices
Severability
Entire Agreement
Amendment
Assignment
Waiver
Language
Counterparts
Construction
Real Estate Development
Infrastructure
Oil & Gas
Industrial Development
Commercial Property
Residential Development
Healthcare Facilities
Education Facilities
Hospitality
Retail Development
Legal
Finance
Construction Management
Project Management
Contract Administration
Commercial
Risk Management
Operations
Procurement
Document Control
Project Director
Construction Manager
Contract Manager
Legal Counsel
Project Manager
Finance Manager
Commercial Manager
Claims Manager
Procurement Manager
Quantity Surveyor
Risk Manager
Document Controller
Chief Financial Officer
General Counsel
Operations Director
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