Progress Lien Waiver Form for the United Kingdom

Progress Lien Waiver Form Template for England and Wales

A Progress Lien Waiver Form under English and Welsh law is a document used in construction projects to formally acknowledge receipt of payment for work completed during a specific period and waive certain rights to claim against the property or project owner. While traditional mechanics' liens don't exist in England and Wales, this document serves as a payment acknowledgment and waiver of related contractual rights, typically used in conjunction with progress payments in construction contracts.

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What is a Progress Lien Waiver Form?

The Progress Lien Waiver Form is a crucial document in construction project management under English and Welsh law, typically used when contractors receive progress payments for completed work. While different from US-style mechanics' liens, these forms serve to document payment receipt and waive certain contractual rights for the specific payment period. They are particularly important in large construction projects where clear documentation of payment status and waiver of rights is essential for risk management. The form helps prevent double payment claims and provides clarity on the status of payments and associated rights for all parties involved.

What sections should be included in a Progress Lien Waiver Form?

1. Project Identification: Details of the construction project including address and contract reference

2. Payment Period: Specific period covered by this progress payment and waiver

3. Payment Amount: Sum received or to be received for the specified period

4. Waiver Declaration: Formal statement waiving rights to claim for work completed up to the specified date

5. Signing Block: Execution section including date and signature requirements

What sections are optional to include in a Progress Lien Waiver Form?

1. Conditional Waiver Clause: Section to be included when the waiver is conditional upon receipt of payment, typically used when payment hasn't yet been received

2. Retention Rights: Section specifying any retained rights or exceptions to the waiver, used when certain rights need to be preserved

3. Sub-contractor Confirmation: Section containing confirmation that all sub-contractors have been paid, used when dealing with main contractors who employ sub-contractors

What schedules should be included in a Progress Lien Waiver Form?

1. Schedule of Works Completed: Detailed list of works completed during the payment period

2. Payment Schedule: Breakdown of payment amounts and any retentions

3. Sub-contractor List: List of sub-contractors and their payment status, 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

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Housing Grants, Construction and Regeneration Act 1996: Primary legislation governing construction contracts and payment mechanisms in England and Wales, including amendments made by the Local Democracy, Economic Development and Construction Act 2009

Construction Act Payment Provisions: Specific provisions regarding payment terms, right to suspend work for non-payment, and adjudication rights in construction contracts

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing payment terms and statutory interest on late payments in commercial transactions

Contracts (Rights of Third Parties) Act 1999: Legislation governing how contract provisions can affect and be enforced by third parties not directly party to the contract

Common Law Principles: Fundamental legal principles regarding contract formation, consideration, and waiver of rights as established through case law

Alternative Remedies to Liens: English law alternatives to US-style mechanics liens, including retention of title clauses, contractual retention provisions, right to suspend performance, and adjudication rights

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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