The Affidavit And Waiver Of Lien is a crucial document in Belgian construction and property development projects, designed to protect both property owners and contractors. It is typically required when significant payments are made during construction projects or upon project completion. The document serves dual purposes: as a sworn statement confirming receipt of payment and as a formal waiver of the right to place a lien on the property. Under Belgian law, this document must be properly executed, often requiring notarization and registration with appropriate authorities. It's particularly important in scenarios where multiple contractors or subcontractors are involved, as it helps maintain clear records of payments and prevents future lien claims. The document must comply with the Belgian Civil Code, the LOI Breyne, and other relevant construction and property laws.
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1. Opening Declaration: Formal opening statement identifying the affiant and establishing that the statement is made under oath according to Belgian law
2. Identification of Parties: Full legal names and details of the affiant (typically the contractor/subcontractor) and the property owner/general contractor
3. Project Information: Detailed description of the construction project, including address, project name, and relevant contract references
4. Payment Acknowledgment: Declaration of payments received, including specific amounts and dates
5. Lien Waiver Statement: Explicit waiver of all lien rights related to the specified work and property
6. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors and suppliers have been paid
7. Execution: Signature block with notarization requirements according to Belgian law
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specified payment
2. Subcontractor Confirmation: Added when the affiant needs to confirm payment to all subcontractors and provide their details
3. Retention of Rights: Included when certain rights need to be preserved despite the general waiver
4. Previous Payments Schedule: Added for complex projects with multiple payment phases to detail prior payments
5. Insurance and Indemnification: Included when additional assurances regarding insurance coverage and indemnification are required
1. Schedule A - Project Details: Detailed description of the project scope, location, and contract references
2. Schedule B - Payment Details: Itemized list of payments received and work completed
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers with confirmation of payments made
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, and contract excerpts
5. Appendix 2 - Property Description: Legal description of the property and relevant cadastral details
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