Waiver And Release Of Lien And Affidavit Of Final Payment for the United Kingdom

Waiver And Release Of Lien And Affidavit Of Final Payment Template for England and Wales

A Waiver and Release of Lien and Affidavit of Final Payment is a legal document used in England and Wales that combines two important elements: a waiver of any lien rights against a property and a sworn statement confirming receipt of final payment for work performed. This document provides property owners with protection against future claims and confirms that all payments have been made and received as agreed. It is commonly used in construction and property development projects to ensure clean title and prevent future disputes.

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What is a Waiver And Release Of Lien And Affidavit Of Final Payment?

The Waiver And Release Of Lien And Affidavit Of Final Payment is a crucial document in construction and property development projects governed by English and Welsh law. It serves multiple purposes: protecting property owners from future claims, providing evidence of payment completion, and clearing the property title of potential encumbrances. This document is typically executed upon project completion and final payment, combining a formal waiver of lien rights with a sworn statement confirming payment receipt. It's particularly important in scenarios where multiple contractors or suppliers have been involved in a project and clean title needs to be established.

What sections should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Parties: Identification of the contracting parties including full legal names and addresses

2. Background/Recitals: Context of the original contract and work performed

3. Definitions: Key terms used throughout the document

4. Waiver Statement: Explicit waiver of lien rights

5. Payment Confirmation: Declaration of receipt of final payment

6. Release of Claims: Release of all claims against the property and owner

7. Execution: Signature blocks and attestation

What sections are optional to include in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Conditional Release Provisions: Used when the release is contingent upon receipt of final payment - applicable when payment hasn't yet been received

2. Reservation of Rights: Specific rights that are not being waived - used when certain claims or rights need to be preserved

3. Subcontractor Confirmation: Confirmation that all subcontractors have been paid - included when project involved subcontractors

What schedules should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Schedule of Payments: Detailed breakdown of all payments received

2. Project Details: Description of work completed and property details

3. Supporting Documents: Copies of payment receipts or relevant correspondence

4. Subcontractor Releases: Copies of lien waivers from subcontractors 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

Construction Act 1996: Housing Grants, Construction and Regeneration Act - Key legislation governing construction payments, including statutory payment notice requirements and pay-less notices in construction contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing how contractual provisions (including waivers) may affect the rights of third parties, particularly relevant for subcontractors and suppliers in construction projects

Law of Property Act 1925: Fundamental legislation governing real property law in England and Wales, including provisions about creating and releasing interests in land

Companies Act 2006: Primary legislation governing company law, including requirements for proper execution of documents by companies and authority to sign legal documents

Civil Procedure Rules: Rules governing civil litigation in England and Wales, including specific requirements for sworn affidavits and statements of truth

Limitation Act 1980: Legislation setting out time limits for bringing legal claims and its relevance to final payment declarations

Common Law Principles: Fundamental legal principles including doctrine of consideration, waiver, estoppel, and rules about discharge of obligations

Late Payment of Commercial Debts (Interest) Act 1998: Legislation governing interest on late payments in commercial transactions and its implications for final payment 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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