Waiver And Release Of Lien Form Template for Philippines

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Waiver And Release Of Lien Form

"I need a Waiver and Release of Lien Form for a completed residential construction project in Manila, where our general contractor will receive final payment of 2 million pesos on March 15, 2025, and needs to release all lien rights."

What is a Waiver And Release Of Lien Form?

The Waiver and Release of Lien Form is a critical document in Philippine construction and real estate transactions, designed to protect both property owners and service providers. It is commonly used when a contractor, subcontractor, or supplier has completed their work or delivered materials and received payment, thereby waiving their right to file a mechanical or construction lien against the property. This document must comply with Philippine Civil Code provisions and local property laws, requiring proper execution and often notarization. The form typically includes details about the property, the work performed, payment received, and explicit language releasing lien rights. It's particularly important for clearing property titles and ensuring smooth completion of construction projects, as it helps prevent future claims against the property.

What sections should be included in a Waiver And Release Of Lien Form?

1. Parties: Identifies all relevant parties including the lien holder (contractor/subcontractor/supplier), the property owner, and any other relevant parties such as the general contractor

2. Background: Brief description of the project, work performed, or materials supplied, and the original contract or agreement that gave rise to the lien rights

3. Definitions: Defines key terms used in the document including 'Lien', 'Property', 'Work', and 'Contract Amount'

4. Property Description: Detailed legal description of the property against which the lien rights are being waived

5. Consideration: States the payment amount or other consideration received in exchange for the lien waiver

6. Waiver and Release: The core section containing the explicit waiver and release of lien rights

7. Representations and Warranties: Statements confirming the lien holder's authority to execute the waiver and that no assignment of lien rights has occurred

8. Execution: Signature block with notarization requirements

What sections are optional to include in a Waiver And Release Of Lien Form?

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

2. Reservation of Rights: Include when the waiver is partial or when certain rights are being preserved

3. Indemnification: Added when the releasing party needs to indemnify against future claims

4. Subcontractor Confirmation: Required when there are multiple tiers of contractors and confirmation of payment to subcontractors is needed

5. Progress Payment Provisions: Used for partial waivers related to progress payments

What schedules should be included in a Waiver And Release Of Lien Form?

1. Schedule A - Property Description: Detailed legal description of the property including lot numbers, boundaries, and registration details

2. Schedule B - Payment Details: Breakdown of payments received and remaining amounts, if any

3. Schedule C - Work Description: Detailed description of work performed or materials supplied that were subject to lien rights

4. Appendix 1 - Supporting Documents: Copies of relevant contracts, invoices, or payment receipts

5. Appendix 2 - Notarial Certificate: Required notarial forms and certificates as per Philippine law

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

Engineering

Architecture

Building Materials

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Relevant Teams

Legal

Construction Management

Project Management

Procurement

Finance

Compliance

Risk Management

Property Management

Contract Administration

Real Estate Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Manager

Real Estate Developer

Procurement Manager

Site Supervisor

Quantity Surveyor

Risk Manager

Compliance Officer

Finance Manager