Partial Lien Waiver Template for Austria

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Key Requirements PROMPT example:

Partial Lien Waiver

"I need a Partial Lien Waiver under Austrian law for a €250,000 progress payment on the Vienna Commercial Center construction project, with reservation of rights for the remaining €500,000 balance to be paid by March 2025."

Document background
The Partial Lien Waiver is a critical document in Austrian construction projects, used when partial payments are made for completed work or delivered materials. Under Austrian law, particularly the ABGB (Austrian Civil Code), contractors, subcontractors, and suppliers have the right to place liens (Bauhandwerkerpfandrecht) on property to secure payment for their work. When partial payments are made, this document provides a formal mechanism to waive lien rights specifically for the paid portion while maintaining rights for unpaid amounts. The Partial Lien Waiver helps maintain clear payment records, reduces payment disputes, and facilitates smooth project progression by providing certainty to all parties about the status of lien rights. It is particularly important in larger construction projects where multiple payment phases are involved and multiple parties need to coordinate their payment and lien waiver processes.
Suggested Sections

1. Project Identification: Details of the construction project including address, project name, and any relevant permit numbers

2. Party Information: Full legal names and addresses of the contractor/subcontractor providing the waiver and the party receiving it

3. Payment Acknowledgment: Specific details of the payment received, including amount, date, and payment method

4. Waiver Statement: Clear declaration of the partial waiver of lien rights relating to the specified payment

5. Scope of Work: Description of the work or materials provided for which the partial lien waiver applies

6. Reservation of Rights: Statement preserving lien rights for unpaid amounts and future work

7. Execution: Signature block with date and notarization requirements

Optional Sections

1. Conditional Waiver Clause: Used when the waiver is conditional upon clearance of a specific payment

2. Progress Payment Details: Include when the waiver relates to a progress payment rather than a final payment

3. Third-Party Rights: Include when there are subcontractors or suppliers whose rights need to be addressed

4. Prior Payments History: Used when there's a need to acknowledge previous payments and their corresponding waivers

5. Disputed Claims Reservation: Include when there are ongoing disputes about certain payments or work

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the payment amount, including any retainage or deductions

2. Schedule B - Work Description: Detailed description of the work completed and materials supplied for which the lien is being waived

3. Schedule C - Outstanding Claims: List of any outstanding claims or unpaid amounts not covered by this waiver

4. Appendix 1 - Project Documents: Copies of relevant project documents, contracts, or change orders referenced in the waiver

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 Development

Industrial Development

Residential Development

Engineering

Architecture

Building Materials Manufacturing

Project Finance

Relevant Teams

Legal

Finance

Construction Management

Project Controls

Procurement

Risk Management

Commercial

Contract Administration

Project Management

Operations

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Finance Director

Construction Site Manager

Procurement Manager

Real Estate Developer

Claims Manager

Risk Manager

Commercial Director

Chief Financial Officer

Project Controls Manager

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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