Document background
The Lien and Claim Waiver is a crucial document in Dutch commercial and construction practice, typically used when parties need to clear encumbrances on property or resolve outstanding claims. This document becomes necessary in various scenarios, such as construction project completions, property sales, or refinancing arrangements, where existing liens or claims need to be released. The waiver must comply with Dutch law requirements, particularly the Dutch Civil Code provisions regarding security rights and property law. It requires careful drafting to ensure all relevant claims are properly identified and effectively waived, and may need to be registered with appropriate authorities, especially for real property liens. The document typically contains detailed descriptions of the waived rights, any consideration provided, and necessary representations and warranties from the waiving party.
