Subcontractor Affidavit And Waiver Of Lien

Subcontractor Affidavit And Waiver Of Lien Template for Philippines

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Key Requirements PROMPT example:

"I need a Subcontractor Affidavit and Waiver of Lien for a large commercial construction project in Manila, where we're making final payment to our electrical subcontractor who has completed work worth PHP 5 million and has three lower-tier subcontractors."

Document background

The Subcontractor Affidavit and Waiver of Lien is a crucial document in Philippine construction projects, typically used upon completion of subcontracted work or when significant payments are made. This document serves multiple purposes: it provides legal protection for property owners and general contractors, ensures transparency in payment processes, and helps maintain clear records for project completion. Used primarily in construction and development projects, it requires careful preparation to comply with Philippine civil law, construction regulations, and notarial requirements. The document is particularly important in larger construction projects where multiple subcontractors are involved, as it helps prevent potential legal disputes and ensures clear documentation of payment completion and lien waiver. The affidavit portion requires sworn statements regarding payment receipt and work completion, while the waiver component legally relinquishes the subcontractor's right to place a lien on the property.

Suggested Sections

1. Parties: Identification of the subcontractor making the affidavit, the general contractor, and the project owner

2. Project Information: Details of the construction project including location, contract numbers, and project description

3. Background: Context of the subcontractor's work, relationship with the general contractor, and basis for the affidavit

4. Definitions: Key terms used in the affidavit including 'lien', 'waiver', 'project', and other relevant terms

5. Attestation of Completion: Subcontractor's sworn statement regarding completion of work as per contract specifications

6. Payment Confirmation: Declaration of payments received and current payment status

7. Waiver Statement: Explicit waiver of lien rights and claims against the property

8. Supplier and Lower-tier Subcontractor Confirmation: Statement confirming payment to all suppliers and lower-tier subcontractors

9. Indemnification: Subcontractor's agreement to indemnify against any claims related to their work or payments

10. Notarization Block: Space for notary public's certification and seal as required by Philippine law

Optional Sections

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

2. Retention Release: Included when the affidavit covers release of retained amounts

3. Progress Payment Waiver: Used for partial/progress payment situations rather than final payment

4. Insurance Claims Statement: Added when there are relevant insurance claims or potential claims

5. Warranty Confirmation: Included when specific warranty obligations need to be acknowledged

6. Bond Claims Waiver: Used when the project involves payment or performance bonds

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project scope and specifications

2. Schedule B - Payment History: Itemized list of all payments received and outstanding amounts

3. Schedule C - Supplier List: Complete list of suppliers and lower-tier subcontractors with payment status

4. Schedule D - Outstanding Claims: List of any pending or potential claims related to the project

5. Appendix 1 - Supporting Documents: Copies of relevant contracts, change orders, and payment receipts

6. Appendix 2 - Certification Forms: Additional required certification forms from relevant authorities

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

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Engineering

Architecture

Building Materials

Construction Management

Relevant Teams

Legal

Construction Management

Project Management

Finance

Procurement

Operations

Risk Management

Compliance

Contract Administration

Document Control

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Construction Site Supervisor

Procurement Manager

Project Coordinator

Finance Manager

Construction Director

Claims Manager

Document Controller

Risk Manager

Compliance Officer

General Contractor

Subcontractor Manager

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Let's create your Subcontractor Affidavit And Waiver Of Lien

Authors

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