General Contractor Lien Waiver Affidavit for the United Kingdom

General Contractor Lien Waiver Affidavit Template for England and Wales

A General Contractor Lien Waiver Affidavit under English and Welsh law is a sworn legal document where a general contractor formally declares they have received specified payments and waives their right to make claims against the property for works completed. While the UK doesn't utilize mechanics' liens as in the US, this document serves as formal confirmation of payment receipt and satisfaction of contractual obligations, providing security for property owners and subsequent purchasers.

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What is a General Contractor Lien Waiver Affidavit?

The General Contractor Lien Waiver Affidavit is commonly used in construction projects across England and Wales to provide certainty in property transactions and protect owners from subsequent claims. While the UK construction industry doesn't employ the same lien system as other jurisdictions, this document serves as crucial evidence of payment and completion of works. It typically includes details of the project, confirmation of payments received, and declarations regarding subcontractor payments. The document is particularly important during property sales or refinancing, where clean title must be demonstrated.

What sections should be included in a General Contractor Lien Waiver Affidavit?

1. Declaration Header: Formal opening stating this is a sworn affidavit including statutory declaration requirements

2. Contractor Details: Full legal name, registered address, and company registration number of the contractor making the declaration

3. Project Information: Details of the construction project including site address, contract reference, and project description

4. Payment Confirmation: Statement confirming receipt of specified payments and details of amounts received

5. Waiver Statement: Formal waiver of rights to claim against the property or client for works completed to date

6. Sworn Statement: Declaration of truth and accuracy of the statements made, with statutory declaration wording

What sections are optional to include in a General Contractor Lien Waiver Affidavit?

1. Subcontractor Payments: Confirmation of payments made to subcontractors and declaration that all subcontractors have been paid in full

2. Partial Waiver Clause: Specific limitations on the waiver when it applies only to specific work phases or time periods

3. Retention Details: Information about retained amounts and conditions for their release

What schedules should be included in a General Contractor Lien Waiver Affidavit?

1. Schedule A - Payment Details: Detailed list of all payments received to date, including payment dates and amounts

2. Schedule B - Works Description: Comprehensive description of works completed and covered by the waiver

3. Schedule C - Supporting Documents: List of attached evidence including payment receipts, completion certificates, and other relevant documentation

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Release of Lien

Cost

Free to use
Industries

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Primary legislation governing construction contracts and payment mechanisms in the UK

Late Payment of Commercial Debts (Interest) Act 1998: Legislation providing for statutory interest on late payments in commercial transactions

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Scheme for Construction Contracts Regulations 1998: Detailed regulations that apply to construction contracts in England and Wales, particularly regarding payment and adjudication

Construction (Design and Management) Regulations 2015: Regulations governing health, safety and welfare in construction projects

Common Law Contract Principles: Fundamental principles of contract law developed through case law in England and Wales

Statutory Declarations Act 1835: Legislation governing the making of statutory declarations, relevant for affidavits

Civil Procedure Rules: Rules governing civil litigation in England and Wales, including requirements for valid affidavits

Commissioners for Oaths (Fees) Order 1993: Regulations governing fees for sworn affidavits and statutory declarations

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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