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Partial Lien Waiver

Partial Lien Waiver Template for Philippines

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Key Requirements PROMPT example:

Partial Lien Waiver

"I need a Partial Lien Waiver for our Manila commercial building project, covering the January 2025 progress payment of 2.5M PHP to our electrical subcontractor, with specific provisions for retaining rights for unpaid variations."

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Document background
The Partial Lien Waiver is a crucial document in Philippine construction projects, used when partial payments are made during ongoing construction work. It serves as a risk management tool for property owners and developers while ensuring contractors and subcontractors can document their receipt of payment. The document must comply with the Civil Code of the Philippines and relevant construction regulations. A Partial Lien Waiver typically includes specific details about the project, payment amount, date, and scope of work covered, while explicitly preserving rights for unpaid amounts or future work. It's commonly required before progress payments are released and helps maintain clear records of payment status and lien rights throughout the project lifecycle.
Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers

2. Parties: Identification of the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically owner/general contractor)

3. Payment Acknowledgment: Specific amount received and date of payment being acknowledged

4. Waiver Statement: Explicit statement waiving and releasing any lien rights for the specified portion of work and payment

5. Scope of Waiver: Clear description of what work, time period, or payment the waiver covers

6. Reservation of Rights: Statement preserving rights for unpaid amounts and future work

7. Execution: Signature block, date, and notarization requirements

Optional Sections

1. Conditional Waiver Clause: Optional section to make the waiver conditional upon receipt of payment, used when the waiver is signed before payment is actually received

2. Prior Rights Preservation: Section specifically preserving rights from prior projects or unrelated work, used when the contractor has multiple projects with the same owner

3. Additional Certifications: Certifications regarding payment to lower-tier subcontractors or suppliers, used when required by the owner or general contractor

4. Insurance Claims Reservation: Section preserving rights to make insurance claims, used in projects with significant insurance components

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including current payment and remaining contract balance

2. Schedule B - Work Description: Detailed description of the work completed for which the lien is being waived

3. Appendix 1 - Supporting Documents: Copies of relevant payment applications, invoices, 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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Development

Residential Development

Engineering

Architecture

Public Works

Manufacturing

Relevant Teams

Legal

Finance

Construction Management

Project Management

Operations

Procurement

Risk Management

Contract Administration

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Project Director

Site Supervisor

Procurement Manager

Construction Administrator

Risk Manager

Finance Director

Operations Manager

Contracts Manager

Development Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and property rights in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, and provisions relating to contractors' rights and construction agreements.
Construction Industry Authority of the Philippines (CIAP) Document 102: Contains standard forms and procedures for construction contracts, including guidelines for lien waivers and progress payments in construction projects.
Republic Act No. 4566 (Contractors' License Law): Regulates the construction industry and provides framework for contractor obligations, including provisions related to payment rights and lien claims.
Presidential Decree No. 1746: Establishes the Construction Industry Authority of the Philippines (CIAP) and provides regulatory framework for construction contracts and related documents.
National Building Code of the Philippines (PD 1096): Contains provisions affecting construction contracts and contractor rights, including regulations that may impact lien rights and payment procedures.
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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