Affidavit And Waiver Of Lien Form Template for Nigeria

A legally binding document under Nigerian law that combines a sworn affidavit with a waiver of lien rights, typically used in construction and property development projects. The document serves two primary purposes: first, as a sworn statement confirming the receipt of payment or other consideration, and second, as a formal waiver of any right to place a lien on the property for work performed or materials supplied. This document must be executed before a Commissioner for Oaths or Notary Public in Nigeria and complies with both the Nigerian Oaths Act and property law requirements.

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What is a Affidavit And Waiver Of Lien Form?

The Affidavit And Waiver Of Lien Form is a crucial document in Nigerian construction and property development projects, designed to protect property owners and ensure clear title to property. It is typically used when a contractor, subcontractor, or supplier has completed work or delivered materials and received payment, and needs to formally waive their right to file a lien against the property. The document must comply with Nigerian legal requirements, including the Oaths Act Cap O1 LFN 2004 and relevant property laws. It serves as both a sworn statement confirming payment receipt and a legal waiver of lien rights, providing security for property owners and lenders while facilitating proper project closure and payment processing. The form is particularly important in construction projects where multiple contractors and suppliers are involved, helping to maintain clear property titles and prevent future claims.

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

1. Title and Introduction: Specifies the type of affidavit and waiver, jurisdiction, and date

2. Deponent Information: Full legal name, address, and capacity of the person making the affidavit

3. Project/Property Details: Description and location of the project or property subject to the waiver

4. Basis of Claim: States the original basis for the potential lien claim, including work performed or materials supplied

5. Payment Acknowledgment: Confirmation of payments received and amounts

6. Waiver Declaration: Explicit statement waiving rights to file or maintain any lien claims

7. Sworn Statement: Standard affirmation of truth of the statements

8. Execution Block: Space for signature, notarization, and commissioner for oaths' attestation

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

1. Conditional Waiver Provisions: Used when the waiver is contingent upon receipt of specified payment

2. Partial Waiver Clause: Included when the waiver applies only to a specific portion of work or specific payment

3. Reservation of Rights: Used when certain rights are specifically reserved or excluded from the waiver

4. Corporate Authorization: Required when the deponent is signing on behalf of a company

5. Previous Payments Schedule: Used when there is a history of multiple payments that need to be documented

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

1. Schedule A - Property Description: Detailed legal description of the property

2. Schedule B - Payment Details: Itemized list of payments received and/or pending

3. Schedule C - Scope of Work: Detailed description of work performed or materials supplied

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

5. Appendix 2 - Corporate Resolution: If applicable, corporate authorization for the deponent to execute 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

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Unconditional Waiver Form

A Nigerian law-governed document facilitating the unconditional waiver of rights or claims between parties, with comprehensive protection mechanisms and compliance with local regulations.

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Generate a Bespoke Document

Download a Standard Affidavit And Waiver Of Lien Form

Review your own Affidavit And Waiver Of Lien Form

What is a Affidavit And Waiver Of Lien Form?

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

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

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

Authors

Alex Denne

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