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Lien Waiver
I need a lien waiver document that releases any claims or rights to a property once payment has been received for services rendered. It should clearly state the amount paid, the date of payment, and include a clause that ensures the waiver is only valid upon full payment.
What is a Lien Waiver?
A Lien Waiver is a legal document that releases a contractor's or supplier's right to place a lien on a property after receiving payment for their work or materials. In Nigerian construction and real estate transactions, these waivers help protect property owners from double payment claims while ensuring contractors get paid for their services.
When subcontractors and suppliers sign a lien waiver, they formally give up their right to file a mechanic's lien under Nigerian property law. This creates a clear paper trail showing who has been paid and helps prevent payment disputes from holding up property sales or refinancing. Banks and property buyers often require these waivers before closing deals.
When should you use a Lien Waiver?
Use a Lien Waiver during any construction or renovation project in Nigeria when making payments to contractors, subcontractors, or material suppliers. This document becomes essential at key payment milestones: after completing major project phases, during final payment, or when settling progress payments.
Nigerian property developers and project managers typically require lien waivers before releasing payments above ���5 million. They're particularly important when working with multiple subcontractors, during property sales, or when seeking construction financing from Nigerian banks. Getting these waivers signed at each payment stage prevents costly legal disputes and keeps your project moving smoothly through completion.
What are the different types of Lien Waiver?
- Conditional Waiver And Release On Final Payment: Only takes effect after payment clears, offering protection to contractors
- Unconditional Waiver And Release On Final Payment: Immediately releases lien rights upon signing, typically used for completed payments
- Release Of Lien On Real Property: Specifically designed for real estate transactions and property developments
- Final Release Of Lien: Used at project completion to clear all remaining claims
- Waiver And Release Of Lien: General-purpose form suitable for progress payments during construction
Who should typically use a Lien Waiver?
- Property Owners/Developers: Request and collect Lien Waivers to protect their properties from future claims and ensure clear title for sales or financing
- General Contractors: Sign waivers upon receiving payment and obtain them from subcontractors to maintain payment transparency
- Subcontractors/Suppliers: Execute waivers when receiving payment for work or materials provided on construction projects
- Banks/Lenders: Require lien waivers before releasing construction loan payments or finalizing property financing
- Property Lawyers: Draft and review waivers to ensure legal compliance and protect client interests during construction transactions
How do you write a Lien Waiver?
- Project Details: Gather accurate project name, location, and completion dates for the specific work being released
- Payment Information: Document the exact payment amount, work period covered, and payment method
- Party Information: Collect legal names and addresses of all involved parties, including contractors and property owners
- Scope Definition: List specific services, materials, or labor being waived in the document
- Document Type: Choose between conditional or unconditional waiver based on payment timing
- Verification Steps: Our platform generates legally-sound waivers tailored to Nigerian law, ensuring all required elements are included
What should be included in a Lien Waiver?
- Project Identification: Full description of property location, work performed, and contract reference numbers
- Party Details: Legal names, addresses, and registration numbers of all involved entities
- Payment Information: Specific amount being paid, payment date, and form of payment
- Release Language: Clear statement waiving rights to file liens against the property
- Scope Definition: Detailed description of work or materials covered by the waiver
- Signing Requirements: Signature blocks with witness provisions per Nigerian law
- Governing Law: Express statement that Nigerian law governs the agreement
- Authentication: Notarization or commissioner for oaths certification section
What's the difference between a Lien Waiver and a Liability Waiver?
A Lien Waiver and a Liability Waiver serve distinct legal purposes in Nigerian business transactions. While both involve releasing rights, they protect against different risks and apply in different scenarios.
- Purpose: Lien Waivers specifically release claims against property for unpaid work or materials, while Liability Waivers release parties from responsibility for potential injuries or damages
- Timing of Use: Lien Waivers are typically executed after payment for construction work, while Liability Waivers are signed before an activity or service begins
- Industry Application: Lien Waivers are common in construction and property development, while Liability Waivers are used in recreational activities, events, and services
- Legal Scope: Lien Waivers affect property rights and payment claims, while Liability Waivers cover personal injury and damage claims
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