Subcontractor Lien Waiver Template for Austria

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Key Requirements PROMPT example:

Subcontractor Lien Waiver

"I need a Subcontractor Lien Waiver for our Vienna office building renovation project, where we're making the final payment of €250,000 to our electrical systems subcontractor on March 15, 2025, and need to ensure they waive all future lien rights before we release the payment."

Document background
The Subcontractor Lien Waiver is a crucial document in Austrian construction projects, used when a subcontractor has received payment for their work and is required to waive their statutory lien rights. Under Austrian law, particularly the ABGB (Austrian Civil Code), subcontractors have the right to place a lien on a property to secure payment for their services. This document is typically required before final payment is released and often accompanies progress payments. It protects property owners and general contractors from double payment risks and helps ensure clear title to the property. The waiver must be carefully drafted to comply with Austrian legal requirements and should clearly identify the project, parties involved, payment details, and the specific rights being waived.
Suggested Sections

1. Parties: Identification of the subcontractor providing the waiver and the contractor/owner receiving it, including full legal names and addresses

2. Background: Brief description of the construction project, reference to the main contract and subcontract, and the context for the lien waiver

3. Definitions: Key terms used in the waiver, including 'Project', 'Work', 'Lien Rights', and 'Payment Amount'

4. Project Identification: Specific details of the construction project, including address, project number, and relevant permits

5. Payment Acknowledgment: Confirmation of payments received, including specific amounts and dates

6. Waiver Declaration: Express statement waiving all lien rights related to the work performed and materials supplied

7. Scope of Waiver: Detailed description of what rights are being waived and any limitations

8. Representations and Warranties: Subcontractor's confirmation that all lower-tier subcontractors and suppliers have been paid

9. Governing Law: Confirmation that Austrian law governs the waiver

10. Execution: Signature blocks and date of execution

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met

2. Partial Payment Provisions: Included when the waiver relates to partial payment rather than final payment, specifying what rights are retained

3. Lower-tier Releases: Required when there are sub-subcontractors or suppliers who need to provide their own waivers

4. Reservation of Rights: Used when certain rights need to be explicitly preserved despite the general waiver

5. Notarization Section: Added when notarized execution is required for the specific project or jurisdiction

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project and work performed

2. Schedule B - Payment History: Itemized list of all payments received to date

3. Schedule C - Outstanding Claims: List of any retained or excluded claims, if applicable

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

5. Appendix 2 - Lower-tier Waivers: Copies of lien waivers from sub-subcontractors and suppliers, if applicable

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 Development

Commercial Property

Residential Development

Industrial Construction

Public Works

Engineering Services

Architecture

Property Development

Relevant Teams

Legal

Construction

Project Management

Finance

Operations

Procurement

Risk Management

Commercial

Contract Administration

Property Management

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Project Director

Construction Site Manager

Procurement Manager

Finance Director

Risk Manager

Commercial Manager

Operations Director

Claims Manager

Property 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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