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Partial Lien Waiver (Construction) for India

Partial Lien Waiver (Construction) Template for India

A Partial Lien Waiver is a legal document used in Indian construction projects that acknowledges partial payment received for work completed and waives lien rights up to the amount paid. This document, governed by Indian contract and property laws, serves as a crucial tool in construction payment management, protecting both payers and payees. It provides evidence of payment, releases specific lien rights for completed work, while preserving rights for unpaid amounts, future work, and retainage. The document must comply with Indian legal requirements, including proper execution, witnessing, and potential registration requirements under relevant state laws.

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Partial Lien Waiver (Construction)

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What is a Partial Lien Waiver (Construction)?

The Partial Lien Waiver (Construction) is a fundamental document in Indian construction projects, used when partial payments are made during ongoing construction work. It serves as both a receipt of payment and a partial release of lien rights, protecting the interests of property owners, developers, and contractors. This document is typically required before progress payments are released and is essential for maintaining clear payment records and lien rights throughout the project lifecycle. The waiver must comply with Indian contract law requirements and may need to adhere to specific state-level construction regulations. It includes detailed information about the project, payment amount, date of payment, and scope of work covered, while explicitly preserving rights for unpaid amounts, retainage, and future work. The document helps prevent payment disputes and provides necessary documentation for project financing and legal compliance.

What sections should be included in a Partial Lien Waiver (Construction)?

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

2. Party Information: Full legal names and addresses of all relevant parties including the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically 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 specific lien rights being waived, limited to work completed and payments received up to a specific date

5. Rights Reservation: Express reservation of rights for unpaid work, retainage, and future work

6. Execution Block: Signature blocks with date, witness requirements, and notarization section as per Indian legal requirements

What sections are optional to include in a Partial Lien Waiver (Construction)?

1. Conditional Waiver Clause: To be included when the waiver is conditional upon receipt of payment, making the waiver effective only upon actual receipt of specified funds

2. Previous Payment Certification: Statement certifying that all previous payments have been received and all previous lien rights have been waived, used when required by the contract or owner

3. Subcontractor Certification: Certification that all subcontractors and suppliers have been paid, included when the waiving party is a general contractor

4. Exceptions Schedule Reference: Reference to specific exceptions or disputed claims being preserved, used when there are ongoing payment disputes or claims

What schedules should be included in a Partial Lien Waiver (Construction)?

1. Schedule A - Payment Details: Detailed breakdown of the payment being acknowledged, including any specific line items or cost codes

2. Schedule B - Exception Claims: List of any specific claims or rights being preserved or excepted from the waiver

3. Appendix 1 - Project Scope: Description of the specific work or scope covered by this partial lien waiver

4. Appendix 2 - Supporting Documents: Copies of relevant payment documentation, invoices, or other supporting materials referenced in the waiver

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

Jurisdiction

India

Publisher

Ƶ

Document Type

Release of Lien

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Engineering Services

Architecture and Design

Construction Materials Manufacturing

Project Management

Relevant Teams

Legal

Finance

Construction Operations

Project Management

Commercial Operations

Risk Management

Procurement

Contract Administration

Claims Management

Document Control

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Construction Site Manager

Procurement Manager

Finance Director

Commercial Director

Project Director

Construction Manager

Claims Manager

Risk Manager

Quantity Surveyor

Chief Financial Officer

Operations Manager

General Counsel

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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