The Lien Waiver Form is a crucial document in Dutch construction and development projects, used to manage payment-related risks and ensure clear documentation of lien releases. Under Dutch law, contractors, subcontractors, and suppliers have certain rights to claim liens on property where they have provided work or materials. This document is typically executed at various stages of a construction project - either as progress payments are made or upon final payment. The form must comply with Dutch Civil Code requirements and construction regulations, making it essential for proper project documentation and risk management. The Lien Waiver Form helps prevent double payment situations and provides clarity regarding the status of potential claims against the property, making it an important tool for property owners, contractors, and financial institutions involved in construction projects.
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1. Identification of Parties: Names and details of the waiving party (contractor/subcontractor/supplier) and the beneficiary party (usually the property owner or general contractor)
2. Project Information: Details of the construction project or property, including address and project reference numbers
3. Payment Acknowledgment: Specification of the payment amount received or to be received, and the period or work it covers
4. Waiver Declaration: Express statement waiving and releasing any and all lien rights related to the specified work or payment period
5. Scope of Waiver: Clear definition of what claims and rights are being waived and any specific exclusions
6. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors/suppliers have been paid
7. Execution: Signature blocks, date, and notarization requirements
1. Conditional Release Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Progress Payment Details: Include when the waiver relates to a progress payment rather than final payment, specifying the payment period
3. Subcontractor Confirmation: Additional section for listing and confirming payments to subcontractors when the waiving party is a general contractor
4. Retention Rights: Section addressing any retained amounts and related rights when applicable
5. Exception Claims: Section for listing any specific claims or rights that are explicitly excluded from the waiver
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 History: Record of previous payments and current payment details, including any retained amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers related to the work covered by the waiver, if applicable
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation
Relevant legal definitions
Agreement
Beneficiary
Claim
Contract Price
Effective Date
Lien
Lien Rights
Payment Period
Project
Property
Retention Amount
Services
Subcontractor
Supplier
Waiving Party
Work
Construction Contract
Materials
Payment Application
Progress Payment
Final Payment
Project Site
Contract Documents
Release Date
Permitted Exceptions
Outstanding Claims
Payment Amount
Waiver Period
Related Rights
Security Interest
Beneficiary
Claim
Contract Price
Effective Date
Lien
Lien Rights
Payment Period
Project
Property
Retention Amount
Services
Subcontractor
Supplier
Waiving Party
Work
Construction Contract
Materials
Payment Application
Progress Payment
Final Payment
Project Site
Contract Documents
Release Date
Permitted Exceptions
Outstanding Claims
Payment Amount
Waiver Period
Related Rights
Security Interest
Clauses
Party Identification
Project Description
Payment Acknowledgment
Lien Release
Warranties and Representations
Conditional Release
Governing Law
Execution Requirements
Scope of Release
Payment Terms
Subcontractor Rights
Retention Rights
Authority to Execute
Notice Requirements
Certification
Assignment
Severability
Amendment
Entire Agreement
Dispute Resolution
Project Description
Payment Acknowledgment
Lien Release
Warranties and Representations
Conditional Release
Governing Law
Execution Requirements
Scope of Release
Payment Terms
Subcontractor Rights
Retention Rights
Authority to Execute
Notice Requirements
Certification
Assignment
Severability
Amendment
Entire Agreement
Dispute Resolution
Relevant Industries
Construction
Real Estate
Property Development
Infrastructure
Commercial Building
Residential Development
Industrial Construction
Engineering
Architecture
Facilities Management
Relevant Teams
Legal
Construction Management
Project Management
Finance
Procurement
Risk Management
Contract Administration
Real Estate Operations
Development
Claims Management
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Property Developer
Finance Manager
Construction Site Supervisor
Procurement Manager
Risk Manager
Claims Manager
Development Director
Construction Company Owner
Real Estate Manager
Project Control Specialist
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