The Contractor's Affidavit And Waiver Of Lien is a crucial document in construction projects under English and Welsh law, typically used when contractors have completed work and received payment. While mechanics' liens are not statutory in this jurisdiction, this document serves as a contractual safeguard, confirming that payments have been made and protecting property owners from future claims. It includes detailed information about the project, payment status, and explicit waivers of rights to make future claims. The document is particularly important for property transactions and project completions, providing assurance to owners, lenders, and other stakeholders.
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1. Declaration and Identification: Contractor's details and project identification
2. Project Details: Specific information about the construction project including location, scope, and contract reference
3. Payment Confirmation: Statement confirming payments received to date and outstanding amounts
4. Lien Waiver Statement: Explicit waiver of rights to claim against the property and release of liens
5. Verification of Subcontractor Payments: Confirmation of payments made to subcontractors and that no outstanding claims exist
6. Execution Block: Signature requirements, witnessing provisions, and notarization details
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specific payment or fulfillment of certain conditions
2. Retention Release: Include when dealing with release of retained funds or final payment situations
3. Materials Verification: When specific materials or equipment are part of the contract and need verification of payment
1. Schedule of Payments: Detailed breakdown of all payments received and outstanding amounts
2. List of Subcontractors: Comprehensive list of all subcontractors involved in the project with their contact details
3. Supporting Documentation: Copies of relevant invoices, receipts, payment certificates, and other supporting evidence
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