The Lien Waiver Form is a crucial document in Nigerian construction projects that helps manage risk and ensure clear payment obligations between parties. It is typically used when contractors, subcontractors, or suppliers receive payment for their work or materials and need to formally release their right to file a lien against the property. The document can be either conditional (pending payment) or unconditional (after payment receipt), and must comply with Nigerian federal and state-specific legal requirements. The form includes essential information such as project details, payment amounts, and specific rights being waived. This document is particularly important in Nigeria's growing construction sector, where proper documentation of payment and lien releases is crucial for maintaining clear property titles and facilitating project financing.
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1. Title and Date: Clearly identifies the document as a Lien Waiver Form and the date of execution
2. Parties: Identifies the Contractor/Subcontractor (Lien Waiver Provider) and the Property Owner/General Contractor (Lien Waiver Recipient)
3. Project Information: Details of the construction project including property address, project name, and contract reference
4. Payment Details: Specification of the payment amount received or to be received in consideration for the lien waiver
5. Waiver Statement: Clear statement waiving and releasing any and all lien rights related to the work performed
6. Rights Reserved: Any specific rights that are not being waived or released
7. Declarations: Statements confirming authority to execute the waiver and that all laborers and suppliers have been paid
8. Execution: Signature blocks for all parties with dates and witness provisions
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment
2. Progress Payment Specifications: Include when the waiver relates to a progress payment rather than final payment
3. Retained Rights: Section specifying any rights retained for unsettled claims or disputed amounts
4. State-Specific Notices: Any required notices or statements specific to the Nigerian state where the project is located
5. Warranty of Title: Additional warranties regarding title and right to payment, used in more formal or high-value projects
1. Schedule A - Project Details: Detailed description of the project scope and property details
2. Schedule B - Payment History: Record of payments received to date and remaining amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation
5. Appendix 2 - Notarial Certificate: Notarial acknowledgment where required for official recording
Relevant legal definitions
Agreement
Property
Project
Contract Price
Lien
Lien Rights
Waiver Provider
Waiver Recipient
Effective Date
Payment Amount
Work
Materials
Services
Contract Documents
Progress Payment
Final Payment
Through Date
Claims
Release
Retained Rights
Construction Contract
Project Site
Substantial Completion
Subcontractor
Supplier
Labor
Governing Law
Consideration
Property
Project
Contract Price
Lien
Lien Rights
Waiver Provider
Waiver Recipient
Effective Date
Payment Amount
Work
Materials
Services
Contract Documents
Progress Payment
Final Payment
Through Date
Claims
Release
Retained Rights
Construction Contract
Project Site
Substantial Completion
Subcontractor
Supplier
Labor
Governing Law
Consideration
Clauses
Payment Acknowledgment
Lien Release
Scope of Waiver
Representations and Warranties
Conditional Release
Retained Rights
Authority to Execute
Payment Certification
Indemnification
Governing Law
Severability
Amendment
Further Assurance
Dispute Resolution
Notices
Entire Agreement
Counterparts
Witness and Attestation
Lien Release
Scope of Waiver
Representations and Warranties
Conditional Release
Retained Rights
Authority to Execute
Payment Certification
Indemnification
Governing Law
Severability
Amendment
Further Assurance
Dispute Resolution
Notices
Entire Agreement
Counterparts
Witness and Attestation
Relevant Industries
Construction
Real Estate
Infrastructure Development
Commercial Property
Residential Property
Industrial Development
Oil and Gas Construction
Mining Infrastructure
Healthcare Facility Construction
Educational Facility Development
Relevant Teams
Legal
Construction Management
Project Management
Finance
Procurement
Compliance
Risk Management
Property Management
Contract Administration
Document Control
Relevant Roles
Construction Project Manager
Contract Administrator
Legal Counsel
Property Developer
Construction Site Manager
Procurement Manager
Financial Controller
Real Estate Manager
Compliance Officer
Risk Manager
Construction Supervisor
Project Coordinator
Claims Manager
Document Controller
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