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Unconditional Lien Waiver Template for Malaysia

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Key Requirements PROMPT example:

Unconditional Lien Waiver

"I need an Unconditional Lien Waiver for a high-rise residential development project in Kuala Lumpur, where our main contractor has completed Phase 1 and received final payment of RM 5.2 million on January 15, 2025."

Document background
The Unconditional Lien Waiver is a crucial document in Malaysian construction and development projects, used when a contractor, subcontractor, or supplier has received payment and is willing to permanently waive their right to file a lien against the property. This document is particularly important in the context of Malaysian construction law, including CIPAA 2012, as it helps maintain clear title to property and facilitates smooth project completion. The unconditional nature of the waiver means that once signed, the waiving party immediately and irrevocably releases their lien rights, regardless of any subsequent payment issues or disputes. This document typically includes specific details about the project, payment received, and scope of work covered, and is commonly required before progress payments or final payments are released. It serves as a risk management tool for property owners and developers while providing a clear record of payment and lien release for all parties involved.
Suggested Sections

1. Project Identification: Clear identification of the construction project, including project name, address, and any relevant project numbers or reference codes

2. Party Information: Full legal names and details of both the waiving party (typically contractor/subcontractor) and the beneficiary party (typically the property owner/main contractor)

3. Payment Acknowledgment: Specific details of the payment received, including amount, date, and payment method

4. Waiver Statement: Clear and unambiguous statement waiving all lien rights and claims relating to the specified work or payment period

5. Scope of Work: Description of the work or materials furnished that are covered by this waiver

6. Execution: Signature block with date, witness requirements, and company seal section if applicable

Optional Sections

1. Retention Release: Optional section to be included when the waiver also covers the release of retention monies

2. Prior Rights Reservation: To be included when the waiver needs to specifically preserve certain prior rights or claims not covered by this waiver

3. Authorized Representative Declaration: To be included when the signatory is signing in a representative capacity, confirming their authority to execute the waiver

4. Statutory Declarations: To be included when required by specific project requirements or local regulations, confirming compliance with relevant laws

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the payment amounts, including any previous payments and current payment

2. Schedule B - Project Works Description: Detailed description of the works or materials furnished that are covered by the waiver

3. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, invoices, or other supporting documentation

4. Appendix 2 - Authority Documentation: Where applicable, documents evidencing the authority of the signatory to execute the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Development

Residential Development

Engineering

Architecture

Manufacturing

Mining

Oil and Gas

Relevant Teams

Legal

Finance

Operations

Construction

Project Management

Contract Administration

Risk Management

Procurement

Accounts Payable

Commercial

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Quantity Surveyor

Site Supervisor

Procurement Manager

Development Manager

Risk Manager

Claims Manager

Finance Director

Company Secretary

Construction Director

Operations Manager

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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