Simple Lien Waiver for the United Kingdom

Simple Lien Waiver Template for England and Wales

A Simple Lien Waiver is a legal document used in England and Wales that releases a party's right to make a claim against a property for unpaid work or materials. It serves as confirmation that payment has been received or will be received, and the party relinquishes their right to place a lien on the property. This document is commonly used in construction and property development projects to ensure clear title and protect property owners from future claims.

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What is a Simple Lien Waiver?

The Simple Lien Waiver is a crucial document in construction and property development projects in England and Wales. It is typically used when a contractor, subcontractor, or supplier has received payment for their work or materials and needs to formally relinquish their right to place a lien on the property. The document provides protection for property owners and helps maintain clear property titles. Simple Lien Waivers can be either conditional (pending payment) or unconditional (after payment), and they help prevent future disputes by documenting that payment obligations have been satisfied.

What sections should be included in a Simple Lien Waiver?

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

2. Parties: Identification of the waiving party and the beneficiary

3. Payment Details: Amount received or to be received in consideration for the waiver

4. Waiver Statement: Clear statement of rights being waived

5. Execution Block: Signature blocks and date

What sections are optional to include in a Simple Lien Waiver?

1. Conditional Clauses: Used when the waiver is conditional upon certain events or when payment or other conditions must be met before waiver becomes effective

2. Reservation of Rights: Specifies rights that are not being waived, used when certain rights need to be preserved

3. Subcontractor Provisions: Addresses rights of subcontractors, used when subcontractors are involved in the project

What schedules should be included in a Simple Lien Waiver?

1. Payment Schedule: Details of payments received or to be received

2. Project Details Schedule: Detailed description of the project and work performed

3. Related Contracts Schedule: List of related contracts affected by the waiver

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 England and Wales

Late Payment of Commercial Debts Act 1998: Legislation governing the rights to claim 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, relevant for subcontractors in lien waivers

Construction Contracts Regulations 1998: The Scheme for Construction Contracts (England and Wales) - Detailed regulations supplementing the Construction Act

Local Democracy, Economic Development and Construction Act 2009: Updates and amendments to the Construction Act 1996, particularly regarding payment provisions

Common Law Contract Formation: Legal principles governing how valid contracts are formed including offer, acceptance, consideration, and intention to create legal relations

Doctrine of Consideration: Legal principle requiring something of value to be exchanged for the waiver to be legally binding

Waiver of Rights Principles: Legal principles governing how and when rights can be effectively waived, including requirements for clear and unequivocal waiver

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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