Conditional Lien Waiver Template for Ireland

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Key Requirements PROMPT example:

Conditional Lien Waiver

Need a Conditional Lien Waiver for our Dublin office development project, with a payment amount of €2.5M to be released to the general contractor upon verification of completed works by March 15, 2025.

Document background
The Conditional Lien Waiver is a fundamental document in Irish construction law, used when contractors, subcontractors, or suppliers agree to waive their lien rights against a property contingent upon receiving specified payment. This document type emerged from the need to balance payment security in construction projects with property owners' interests in maintaining clear title. The waiver becomes effective only when predetermined conditions are met, usually the receipt and clearance of payment. It must comply with Irish legislation, particularly the Construction Contracts Act 2013 and the Land and Conveyancing Law Reform Act 2009. The document typically includes detailed project information, payment amounts, conditions for waiver effectiveness, and any rights retained for unpaid amounts or future work. It's particularly crucial in large construction projects where multiple parties may have lien rights against the property.
Suggested Sections

1. Parties: Identification of the party waiving the lien (contractor/subcontractor) and the party receiving the waiver (property owner/general contractor)

2. Background: Context of the project, reference to the original contract, and the current payment situation

3. Definitions: Key terms used in the waiver including 'Project', 'Contract Sum', 'Payment Period', 'Lien Rights'

4. Project Identification: Specific details of the construction project including location and scope of work

5. Payment Details: Amount of payment that triggers the waiver, including any previous payments

6. Waiver Conditions: Specific conditions that must be met for the waiver to become effective

7. Retention of Rights: Clear statement of rights retained for unpaid amounts or future work

8. Representations and Warranties: Confirming authority to execute waiver and no assignment of lien rights

9. Governing Law: Confirmation that Irish law governs the waiver

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Through-Date Provisions: Used when the waiver covers work through a specific date rather than the entire project

2. Subordinate Parties Waiver: Include when subcontractors or suppliers need to waive their rights

3. Conditional Payment Terms: Specific payment processing details when payment is made by check or electronic transfer

4. Reservation of Rights: Used when certain specific rights need to be preserved despite the general waiver

5. Progress Payment Provisions: Include for projects with multiple payment phases

6. Disputed Claims: Include when there are existing disputed claims that need to be addressed

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project, including plans and specifications

2. Schedule B - Payment History: Record of all previous payments made and outstanding amounts

3. Schedule C - Original Contract: Copy or key terms of the original construction contract

4. Schedule D - Subcontractor List: List of all subcontractors and suppliers covered by the waiver

5. Appendix 1 - Calculation of Amount Due: Detailed breakdown of the payment amount that triggers the waiver

6. Appendix 2 - Form of Payment Confirmation: Standard form for confirming receipt of payment

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

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Building

Residential Development

Industrial Construction

Engineering

Architecture

Facilities Management

Relevant Teams

Legal

Construction

Commercial

Finance

Operations

Project Management

Risk Management

Procurement

Contract Administration

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Construction Lawyer

Quantity Surveyor

Commercial Director

Finance Manager

Operations Director

Risk Manager

Procurement Manager

Development Manager

Site Manager

Claims Manager

Industries
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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