Subcontractor Conditional Lien Waiver Form for the United Kingdom

Subcontractor Conditional Lien Waiver Form Template for England and Wales

A Subcontractor Conditional Lien Waiver Form under English and Welsh law is a document that conditionally waives certain rights of the subcontractor to claim payment for works completed, subject to receipt of specified payment. Unlike US jurisdictions, England and Wales don't have statutory construction liens, so the document focuses on waiving contractual and common law rights to payment claims, including rights under the Construction Act 1996. The waiver becomes effective only when the stated conditions are met, typically the receipt and clearance of payment.

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What is a Subcontractor Conditional Lien Waiver Form?

The Subcontractor Conditional Lien Waiver Form is commonly used in construction and development projects to manage payment risks and maintain clear payment chains. While England and Wales don't have the same mechanics' lien system as the US, this document serves to waive various rights to payment claims under both contract and statute, conditional upon receipt of specified payment. It's typically required before progress payments or final payments are released, providing security to the paying party while protecting the subcontractor's rights until payment is received. The document should clearly specify the project, payment amount, and precise conditions for the waiver to become effective.

What sections should be included in a Subcontractor Conditional Lien Waiver Form?

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

2. Parties: Identification of waiving party (subcontractor) and beneficiary

3. Payment Details: Specific payment amount and date covered by the waiver

4. Scope of Waiver: Explicit description of rights being waived

5. Conditional Terms: Conditions that must be met for waiver to become effective

6. Execution Block: Signature section with date and witness provisions

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

1. Retention Rights: Special provisions relating to retention monies when applicable to the project

2. Third Party Rights: Provisions addressing rights of third parties in the payment chain

3. Exceptions: Specific claims or rights that are explicitly preserved and not waived

What schedules should be included in a Subcontractor Conditional Lien Waiver Form?

1. Payment Schedule: Detailed breakdown of payment amounts and dates

2. Project Works Schedule: Description of works covered by the waiver

3. Supporting Documentation: Copies of relevant invoices or payment applications

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

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Lien Waiver Form

A legal document used in England and Wales where a party waives their right to place a lien on a property in exchange for payment.

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What is a Subcontractor Conditional Lien Waiver Form?

What sections should be included in a Subcontractor Conditional Lien Waiver Form?

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

What schedules should be included in a Subcontractor Conditional Lien Waiver Form?

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