Lien Waiver Form for Malaysia

Lien Waiver Form Template for Malaysia

A Lien Waiver Form under Malaysian law is a legal document used in construction and development projects to waive rights to place a lien on property or make claims against payment for work performed or materials supplied. The document operates within the framework of Malaysian construction law, particularly the Construction Industry Payment and Adjudication Act 2012 (CIPAA) and the Contracts Act 1950. It serves as a crucial tool for managing payment risks and ensuring clear title to property, typically used upon receipt of payment for construction work or materials.

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What is a Lien Waiver Form?

The Lien Waiver Form is a critical document in Malaysian construction and development projects, used to protect property owners and developers from potential liens or claims while ensuring proper payment flow through the construction chain. It becomes relevant when payments are made for construction work, services, or materials, requiring the receiving party to waive their right to file a lien against the property. The document typically includes details of the project, payment information, and specific rights being waived. Operating under Malaysian law, particularly CIPAA 2012 and the Contracts Act 1950, the Lien Waiver Form helps maintain clear property titles and manage payment-related risks in construction projects. The document can be either conditional (pending payment) or unconditional (after payment), and may require statutory declarations depending on the project requirements.

What sections should be included in a Lien Waiver Form?

1. Project Information: Identifies the construction project, including project name, address, and reference numbers

2. Parties: Identifies all relevant parties including the waiving party (contractor/subcontractor/supplier), the beneficiary of the waiver, and the property owner

3. Payment Acknowledgment: Details of the payment received or to be received, including amount and payment date

4. Waiver Statement: The formal waiver language releasing rights to file liens or claims

5. Scope of Waiver: Specific description of what work, materials, or services the waiver covers and the time period involved

6. Representations and Warranties: Statements confirming the authority to execute the waiver and that all subcontractors/suppliers have been paid

7. Execution: Signature blocks, witnessing requirements, and date of execution

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

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met

2. Reservation of Rights: Used when certain rights are being preserved, such as claims for retention or unsigned change orders

3. Previous Payment Certification: Used when there's a need to certify receipt of previous payments and waiver of liens for prior work

4. Statutory Declaration: Used when a formal statutory declaration is required to verify statements made in the waiver

5. Subcontractor Confirmation: Used when confirmation of payment to subcontractors and suppliers is required

What schedules should be included in a Lien Waiver Form?

1. Schedule A - Project Details: Detailed description of the project, including plans, specifications, and scope of work covered by the waiver

2. Schedule B - Payment Details: Breakdown of payment amounts, including current payment and previous payments if applicable

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation

4. Appendix 2 - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, 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

Malaysia

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use
Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Construction

Residential Construction

Industrial Construction

Engineering

Architecture

Building Materials

Relevant Teams

Legal

Construction

Project Management

Contracts Administration

Finance

Procurement

Risk Management

Commercial

Operations

Property Management

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Construction Director

Site Supervisor

Quantity Surveyor

Procurement Manager

Finance Manager

Commercial Director

Development Manager

Property Manager

Claims Manager

Construction Lawyer

Risk 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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