The Final Waiver of Lien is a critical document in Indonesian construction projects that marks the successful completion of work and receipt of final payment. This document is typically used during the project closeout phase when a contractor, subcontractor, or supplier has received all due payments and is ready to relinquish their lien rights. Under Indonesian law, particularly the Civil Code (KUHPerdata) and Law No. 2 of 2017 on Construction Services, the Final Waiver of Lien serves as a legal safeguard for property owners, ensuring that no future claims can be made against their property for work already compensated. The document includes essential details such as project information, payment amounts, and explicit waiver language, and often requires notarization to be legally effective in Indonesia.
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1. Identification of Parties: Full legal names and details of the Contractor/Subcontractor (Waiving Party) and the Owner/General Contractor (Beneficiary Party)
2. Project Information: Specific details of the construction project, including project name, location, and any relevant contract numbers or dates
3. Payment Acknowledgment: Confirmation of receipt of final payment amount and total contract sum received to date
4. Waiver Declaration: Express waiver of all lien rights and claims relating to the project, labor, services, and materials provided
5. Representation of Authority: Statement confirming the signing party's authority to execute the waiver
6. Governing Law: Specification that Indonesian law governs the waiver
7. Execution: Signature blocks, date, and notarization requirements
1. Conditional Provisions: Used when the waiver is conditional upon receipt of final payment, specifying the conditions that must be met
2. Reservation of Rights: Include when certain rights need to be preserved, such as retention amounts or pending change orders
3. Subcontractor Confirmation: Added when confirmation is needed that all subcontractors and suppliers have been paid
4. Previous Payments Schedule: Used in complex projects to list all previous payments received and reconciled
5. Indemnification: Added when additional protection is needed against future claims from third parties
1. Schedule A - Project Details: Detailed description of the project scope and contract reference documents
2. Schedule B - Payment Summary: Breakdown of all payments received, including the final payment amount
3. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, invoices, or other supporting documentation
4. Appendix 2 - Authorization Documents: Corporate resolutions or power of attorney documents proving authority to execute the waiver
Relevant legal definitions
Agreement
Beneficiary
Claims
Contract Documents
Contract Price
Contract Work
Effective Date
Final Payment
Lien
Lien Rights
Project
Project Site
Property
Payment Amount
Prior Payments
Retainage
Services
Subcontractor
Supplier
Waiving Party
Work Performed
Materials Supplied
Construction Period
Original Contract
Change Orders
Project Completion Date
Security Rights
Payment Certificate
Notarial Deed
Governing Law
Beneficiary
Claims
Contract Documents
Contract Price
Contract Work
Effective Date
Final Payment
Lien
Lien Rights
Project
Project Site
Property
Payment Amount
Prior Payments
Retainage
Services
Subcontractor
Supplier
Waiving Party
Work Performed
Materials Supplied
Construction Period
Original Contract
Change Orders
Project Completion Date
Security Rights
Payment Certificate
Notarial Deed
Governing Law
Clauses
Identification of Parties
Project Details
Payment Acknowledgment
Waiver and Release
Representations and Warranties
Authority to Execute
Prior Rights
Indemnification
Payment Confirmation
Governing Law
Dispute Resolution
Notarization Requirements
Execution
Amendment
Severability
Entire Agreement
Notice Requirements
Further Assurance
Binding Effect
Conditional Provisions
Project Details
Payment Acknowledgment
Waiver and Release
Representations and Warranties
Authority to Execute
Prior Rights
Indemnification
Payment Confirmation
Governing Law
Dispute Resolution
Notarization Requirements
Execution
Amendment
Severability
Entire Agreement
Notice Requirements
Further Assurance
Binding Effect
Conditional Provisions
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Mining
Oil and Gas
Manufacturing
Hospitality
Relevant Teams
Legal
Finance
Construction
Project Management
Contract Administration
Risk Management
Procurement
Commercial
Development
Operations
Relevant Roles
Construction Manager
Project Manager
Contract Administrator
Legal Counsel
Chief Financial Officer
Development Director
Site Supervisor
Procurement Manager
Finance Director
Property Manager
Construction Director
Commercial Director
Risk Manager
Company Secretary
General Counsel
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