The Partial Lien Waiver is a critical document in Indonesian construction projects, used when partial payments are made for ongoing construction work or materials supplied. It serves as evidence that a contractor, subcontractor, or supplier has received payment for a specific portion of their work and accordingly waives their lien rights for that particular payment. This document is essential in maintaining clear payment records and protecting all parties' interests under Indonesian law, particularly in compliance with the Civil Code (KUHPerdata) and Construction Services Law. The Partial Lien Waiver should be used at each payment milestone throughout the project, ensuring that lien rights are progressively waived as payments are made while maintaining rights for unpaid work.
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1. Project Identification: Detailed information about the construction project, including project name, address, and any relevant permit numbers
2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (owner/general contractor)
3. Payment Acknowledgment: Specific details of the payment received, including amount, date, and payment period covered
4. Waiver Statement: Clear statement of the lien rights being waived, specifically noting this is for partial payment
5. Scope of Waiver: Explicit description of what rights are being waived and up to what date or payment amount
6. Reservation of Rights: Statement preserving rights for unpaid amounts and future work
7. Execution Block: Signature blocks, date, and notarization section as required under Indonesian law
1. Conditional Statement: Optional section making the waiver conditional upon receipt of payment (used when waiver is submitted before payment is received)
2. Prior Rights Affirmation: Statement confirming no prior assignment of lien rights (used when specifically required by the paying party)
3. Supporting Documentation Reference: Reference to attached payment documentation or invoices (used for complex payment situations)
4. Third-Party Rights: Section addressing rights of subcontractors or suppliers under the waiving party (used when the contractor has subcontractors)
1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including previous payments and remaining balance
2. Schedule B - Work Completed: Description of work completed for which the partial lien waiver is being provided
3. Appendix 1 - Project Documents: Copies of relevant permits or project identification documents
4. Appendix 2 - Authorization Documents: Corporate authorization documents if required under Indonesian law
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Relevant Teams
Legal
Construction
Project Management
Finance
Procurement
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Contract Administrator
Legal Counsel
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Project Director
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Procurement Manager
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Claims Manager
Development Director
Construction Coordinator
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