Waiver Of Lien To Date And Contractor's Affidavit for the United Kingdom

Waiver Of Lien To Date And Contractor's Affidavit Template for England and Wales

A Waiver of Lien to Date and Contractor's Affidavit is a legal document used in England and Wales that combines two important elements: a waiver of the contractor's right to place a lien on the property for work completed up to a specific date, and a sworn statement confirming the status of payments and work completion. This document provides property owners with assurance that they won't face future claims for work already paid for, while also offering a formal declaration of the current payment status and any outstanding obligations.

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What is a Waiver Of Lien To Date And Contractor's Affidavit?

The Waiver of Lien to Date and Contractor's Affidavit is commonly used in construction projects throughout England and Wales to manage risk and ensure clear documentation of payment status. This document becomes necessary when contractors have received partial or full payment for their work and need to formally relinquish their right to place a lien on the property up to a specific date. It serves as both a legal waiver and a sworn statement, protecting property owners from future claims while providing transparency about payment status and work completion. The document is particularly important in staged payment scenarios and when multiple contractors or subcontractors are involved.

What sections should be included in a Waiver Of Lien To Date And Contractor's Affidavit?

1. Identification of Parties: Details of the contractor and property owner, including full legal names, addresses, and registration numbers if applicable

2. Property Description: Legal description of the property where work was performed, including address and any relevant property identifiers

3. Contract Reference: Details of the original contract under which work was performed, including date and contract number

4. Payment Acknowledgment: Confirmation of payments received to date, including specific amounts and dates

5. Lien Waiver Statement: Explicit waiver of lien rights up to a specific date, with clear statement of the waiver scope

6. Contractor's Affidavit: Sworn statement regarding work completed, payments received, and outstanding claims

What sections are optional to include in a Waiver Of Lien To Date And Contractor's Affidavit?

1. Partial vs Final Waiver Declaration: Optional section specifying whether this is a partial or final waiver of lien rights

2. Subcontractor Provisions: Statements regarding payments to subcontractors and their lien rights status

3. Conditional Waiver Provisions: Specific conditions that must be met for the waiver to become effective

What schedules should be included in a Waiver Of Lien To Date And Contractor's Affidavit?

1. Schedule A - Payment History: Detailed breakdown of all payments received to date, including dates and amounts

2. Schedule B - Outstanding Claims: Comprehensive list of any pending or unresolved claims related to the project

3. Schedule C - Subcontractor List: Complete list of all subcontractors involved in the project and their current payment status

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
Clauses
Industries

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

Civil Procedure Rules: Contains provisions regarding construction liens and their enforcement within the English legal system

Construction (Design and Management) Regulations 2015: Regulations ensuring compliance with safety and management requirements in construction projects

Statutory Declarations Act 1835: Governs the making and validity of affidavits and statutory declarations in England and Wales

Limitation Act 1980: Sets out the time limits within which various legal claims and rights must be enforced

Contracts (Rights of Third Parties) Act 1999: Legislation governing how contract terms may affect or benefit parties who are not direct parties to the contract

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

Companies Act 2006: Primary legislation governing company operations and document execution requirements for corporate entities

Misrepresentation Act 1967: Ensures truthful statements in legal documents and provides remedies for false statements

Insolvency Act 1986: Regulates the treatment of liens and other security interests in cases of insolvency

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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