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Partial Conditional Lien Waiver
"I need a Partial Conditional Lien Waiver for a commercial building project in Munich, covering the third phase payment of €2.5M due on March 15, 2025, with the waiver to become effective only upon confirmed receipt of funds."
1. Project Identification: Details of the construction project including project name, address, and contract reference numbers
2. Parties: Identification of the waiving party (typically contractor/subcontractor) and the beneficiary party (typically owner/general contractor)
3. Payment Details: Specific information about the payment amount that this partial waiver relates to, including invoice references and payment period
4. Waiver Scope: Clear description of which claims and rights are being waived, specifically limited to the portion of work completed and payment amount specified
5. Conditions: Explicit conditions that must be met for the waiver to become effective, typically the receipt and clearance of specified payment
6. Reservation of Rights: Statement preserving rights related to retainage, unbilled work, and potential claims not covered by this waiver
7. Representations: Warranties by the waiving party regarding authority to execute the waiver and payment to subcontractors/suppliers
8. Execution: Signature block with date and notarization requirements
1. Prior Payments: Section listing all previous payments received, used when there's a complex payment history or multiple prior waivers
2. Subcontractor Confirmation: Additional section required when the waiving party needs to confirm payment to all subcontractors and suppliers
3. Exceptions: Section detailing any specific claims or rights explicitly excluded from the waiver, used when there are disputed items or pending claims
4. Insurance Claims: Section addressing any ongoing or potential insurance claims related to the work, used when there are relevant insurance matters
5. Governing Law: Explicit choice of law provision, used when project involves multiple jurisdictions or when specifically required by the parties
1. Schedule A - Payment Details: Detailed breakdown of the payment amount, including any calculations and adjustments
2. Schedule B - Project Scope: Description of the specific work covered by this partial waiver
3. Schedule C - Outstanding Claims: List of any preserved claims or disputed amounts not covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation
5. Appendix 2 - Authorization Evidence: Corporate resolutions or other proof of authority to execute the waiver, if required
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Engineering
Architecture
Energy
Manufacturing
Legal
Finance
Project Management
Construction Management
Risk Management
Commercial
Operations
Procurement
Development
Contract Administration
Construction Project Manager
Legal Counsel
Contract Administrator
Finance Director
Construction Site Manager
Claims Manager
Risk Manager
Project Director
Commercial Manager
General Counsel
Chief Financial Officer
Development Manager
Construction Supervisor
Procurement Manager
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