Lien Waiver Construction Template

Lien Waiver Construction Template for Australia

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Key Requirements PROMPT example:

"I need a Lien Waiver Construction Template for a final payment of AUD 2.5M on a completed commercial building project in Sydney, with confirmation that all subcontractors have been paid and including a statutory declaration requirement."

Document background

The Lien Waiver Construction Template is a critical document in Australian construction projects, used when contractors or subcontractors need to formally relinquish their rights to place a lien on a property in exchange for payment. This document type is particularly important in the context of Australian security of payment legislation, which varies by state but follows similar principles nationwide. It serves as a legal safeguard for property owners while ensuring contractors have received their due payment. The template should be used at various payment milestones throughout a construction project, including progress payments and final payments, and must comply with relevant state-specific construction laws and regulations. The document typically includes project details, payment information, scope of the waiver, and necessary statutory declarations.

Suggested Sections

1. Parties: Identification of the parties including the Contractor/Subcontractor (party waiving the lien) and the Property Owner/Principal Contractor (party receiving the waiver)

2. Background: Brief description of the construction project, reference to the main contract, and the context of the waiver

3. Definitions: Key terms used in the document including 'Project', 'Property', 'Works', 'Lien Rights', 'Payment Period'

4. Project Identification: Specific details of the construction project including address, lot number, and project reference

5. Payment Details: Information about the payment received or to be received, including amount and payment period covered

6. Waiver Statement: Express waiver of lien rights and claims relating to the work or payment period covered

7. Scope of Waiver: Clear specification of what rights are being waived and any limitations or exceptions

8. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors/suppliers have been paid

9. Execution: Formal signing section including witness requirements and date

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment or other conditions

2. Reservation of Rights: Include when certain rights need to be preserved, such as retention amounts or pending claims

3. Subcontractor Confirmation: Add when confirmation of payment to subcontractors is required

4. Statutory Declaration: Include when required by state legislation or contract requirements

5. Release of Securities: Used when the waiver includes release of other security interests

6. Indemnification: Add when additional protection against future claims is required

7. Progress Payment Details: Include for progress payment waivers to specify exactly what work period is covered

Suggested Schedules

1. Schedule 1 - Project Details: Detailed description of the project, property details, and scope of works

2. Schedule 2 - Payment Schedule: Breakdown of payments received and/or waived, including any retention amounts

3. Schedule 3 - Subcontractor List: List of all subcontractors and suppliers related to the waived works

4. Appendix A - Statutory Declaration Form: Standard form for statutory declaration if required

5. Appendix B - Property Title Details: Copy of relevant property title information

6. Appendix C - Supporting Documents: Any relevant payment certificates, invoices, or other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Property Development

Infrastructure

Commercial Real Estate

Residential Development

Industrial Construction

Mining Construction

Civil Engineering

Building and Construction

Property Management

Relevant Teams

Legal

Construction

Operations

Project Management

Contract Administration

Finance

Risk and Compliance

Commercial

Procurement

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Construction Lawyer

Quantity Surveyor

Site Manager

Development Manager

Commercial Manager

Operations Manager

Procurement Manager

Claims Manager

Risk Manager

Compliance Officer

Finance Manager

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