Affidavit Of Release Of Liens Template for Singapore

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What is a Affidavit Of Release Of Liens?

The Affidavit of Release of Liens is a crucial document in Singapore's construction and property sectors, used when a party wishes to formally relinquish their lien rights against a property or project. This document is typically executed after payment has been received or claims have been settled, providing legal assurance to property owners and stakeholders that no further claims exist. It must comply with Singapore's strict legal requirements, including proper execution before a Commissioner for Oaths and adherence to the Building and Construction Industry Security of Payment Act. The affidavit includes detailed information about the property, the liens being released, and the parties involved.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Singapore

Publisher

GenieAI

Category

Lien Waiver

Sector

Business

Cost

Free to use

Last updated

About the Affidavit Of Release Of Liens

An Affidavit of Release of Liens is a sworn statement that formally relinquishes your legal claims or liens against a property or construction project in Singapore. This document provides crucial legal protection by creating a permanent record that all outstanding payment disputes have been resolved and that no further claims exist against the property.

When do you need this document?

You need this affidavit when you're releasing construction liens after receiving payment for work completed on a property. Contractors, subcontractors, and suppliers commonly use this document after settling payment disputes or receiving outstanding amounts owed. Property developers require this document before transferring ownership or securing financing, as lenders need assurance that the property is free from encumbrances. You'll also need this when releasing mechanic's liens filed under the Building and Construction Industry Security of Payment Act or when settling disputes through mediation or arbitration.

Key legal considerations

The affidavit must contain specific details about the property, including its address and legal description, along with precise information about the liens being released. You must clearly identify all parties involved, including the original debtor and current property owner. The document should specify the exact nature of work performed, materials supplied, or services rendered that gave rise to the original lien. Include dates when the lien was filed and the circumstances leading to its release. Be aware that executing a false affidavit constitutes perjury under Singapore law, carrying serious legal consequences. The release should be comprehensive, covering all claims and potential future claims related to the specified work or materials.

Legal requirements in Singapore

Under Singapore's Evidence Act, the affidavit must be sworn before a Commissioner for Oaths, who will verify your identity and witness your signature. The Building and Construction Industry Security of Payment Act governs the filing and release of construction-related liens, requiring specific procedural compliance. You must provide valid identification (NRIC or passport) when executing the document. The affidavit must follow the format requirements outlined in the Rules of Court 2021, including proper numbering of paragraphs and clear, unambiguous language. Corporate entities executing the affidavit must comply with the Companies Act, ensuring proper authorization from directors or authorized officers. The completed affidavit should be registered with relevant authorities if the original lien was formally recorded, ensuring the public record reflects the release of claims.

GOVERNING LAW

Applicable law

This Affidavit Of Release Of Liens is drafted to comply with Singapore law. Key legislation includes:

Building and Construction Industry Security of Payment Act (SOPA): Primary legislation governing payment issues in the construction industry and regulating the filing and release of liens related to construction work in Singapore

Companies Act: Legislation governing how corporate entities can execute legal documents and their obligations regarding liens and securities in Singapore

Evidence Act: Legislation that sets out the formalities and requirements for affidavits and sworn statements in Singapore's legal system

Statutory Declarations Act: Legislation outlining the requirements and procedures for making statutory declarations and swearing affidavits in Singapore

Rules of Court 2021: Legal framework specifying procedural requirements, format, and execution standards for affidavits in Singapore's court system

Commissioner for Oaths Requirement: mandatory requirement that affidavits must be sworn before a Commissioner for Oaths in Singapore

Property Identification Requirement: Legal requirement for clear and specific identification of the property or project involved in the lien release

Lien Description Requirement: mandatory requirement to specifically describe all liens being released in the affidavit

Consideration Documentation: Requirement to document any consideration received in exchange for the release of liens

Authorized Execution Requirement: Legal requirement that the affidavit must be properly executed by persons with appropriate authorization

Notarization Requirement: Requirement for appropriate notarization of the affidavit according to Singapore legal standards

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