Lien Waiver (Real Estate) Template for Philippines

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Key Requirements PROMPT example:

Lien Waiver (Real Estate)

"I need a conditional Lien Waiver (Real Estate) for our Manila construction project where I'm the general contractor, waiving rights for work completed through March 15, 2025, but preserving rights for retained amounts of 2.5 million PHP."

Document background
A Lien Waiver (Real Estate) is a critical document in Philippine real estate and construction transactions, used when a party wishes to formally relinquish their right to place or maintain a lien on a property. This document is typically required during construction projects or property developments when payments are made to contractors, subcontractors, or suppliers. Under Philippine law, particularly the Civil Code and Presidential Decree No. 1529, these waivers help ensure clear property titles and protect property owners from future claims. The document can be either conditional (pending payment) or unconditional (after payment), and may be partial (for specific work phases) or final (for project completion). It includes detailed information about the property, the parties involved, the work performed, and the payments received.
Suggested Sections

1. Parties: Identification of the Lien Holder (typically contractor, subcontractor, or material supplier) and the Property Owner or General Contractor receiving the waiver

2. Project Information: Details of the construction project or work performed, including project name, location, and complete property description

3. Waiver Declaration: Clear statement of the rights being waived, including specific lien rights and claims being released

4. Payment Acknowledgment: Acknowledgment of payments received, including the amount and date of payment

5. Property Description: Detailed legal description of the property for which the lien rights are being waived

6. Governing Law: Statement that the waiver is governed by Philippine law and specific applicable statutes

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

Optional Sections

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

2. Partial Waiver Specifications: Include when the waiver applies only to a specific portion of work or specific time period, detailing what remains under lien

3. Retention Rights Reservation: Used when retaining rights to claim retained amounts, specifying the retained amount and conditions for its release

4. Third-Party Rights: Include when there are third-party beneficiaries or when protecting rights of subcontractors/suppliers

5. Warranty of Authority: Used for corporate entities to confirm the signing authority of the representative

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payments received and/or pending, including dates and amounts

2. Schedule B - Property Documentation: Complete legal description of the property and relevant title information

3. Schedule C - Work Description: Detailed description of work performed or materials supplied that are subject to the waiver

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

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

Relevant legal definitions
Relevant Industries

Real Estate

Construction

Property Development

Building Materials

Architecture

Engineering

Property Management

Infrastructure Development

Commercial Real Estate

Residential Real Estate

Relevant Teams

Legal

Construction Management

Project Management

Real Estate Development

Procurement

Contract Administration

Property Management

Risk Management

Documentation

Compliance

Relevant Roles

Construction Manager

Project Manager

Real Estate Developer

Property Manager

Contract Administrator

Legal Counsel

Construction Site Supervisor

Procurement Manager

Real Estate Attorney

Development Director

Construction Company Owner

Property Developer

Claims Manager

Real Estate Transaction 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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