Contractor's Affidavit Of Release Of Liens Template for England and Wales

A Contractor's Affidavit Of Release Of Liens is a formal legal document that confirms you have received all payments due and formally waives any future claims against the project owner. While England and Wales don't use traditional construction liens like other jurisdictions, this document serves a similar protective function by providing written confirmation of payment and claim releases at project completion.

When do you need this document?

You need this affidavit when completing construction projects to provide security for employers and facilitate smooth project closure. It's typically required before final payment release, when transferring ownership of completed works, or when the employer needs documented proof that all contractors have been paid. Many construction contracts specifically require this document as a condition of final payment, and it's often requested by lenders, solicitors, or new property owners during sales transactions.

Key legal considerations

The document must include accurate payment details and comprehensive release language to be legally effective. You should ensure all subcontractor and supplier payments are confirmed before execution, as the release typically covers all project-related claims. Consider retention clauses carefully, as some releases may not cover defects liability periods or warranty obligations. The affidavit should reference specific contract terms and include witness signatures where required. Be aware that false statements in sworn affidavits can have serious legal consequences, so verify all payment information thoroughly before signing.

Legal requirements in England and Wales

Under the Construction Act 1996, payment mechanisms must be clearly established, and this document helps confirm compliance with statutory payment rights. The Civil Procedure Rules Part 22 governs affidavit requirements, mandating statements of truth and proper execution procedures. While traditional liens don't exist, the document may reference charging orders, retention of title clauses, or equitable interests that could affect the property. The Contracts (Rights of Third Parties) Act 1999 may apply if subcontractors have direct rights under the main contract. Late Payment of Commercial Debts legislation also affects timing and interest obligations, which should be considered when confirming final payments and releases.