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Final Waiver Of Lien for Hong Kong

Final Waiver Of Lien Template for Hong Kong

A Final Waiver of Lien is a legal document used in Hong Kong's construction industry that provides written confirmation that a contractor, subcontractor, or supplier has received full payment for their work or materials and waives their right to place a lien on the property. Operating under Hong Kong's common law system and relevant ordinances, this document serves as a crucial protection for property owners and developers by ensuring that no future claims can be made against the property for work or materials already paid for. The document includes detailed information about the project, parties involved, payment received, and specific rights being waived.

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What is a Final Waiver Of Lien?

The Final Waiver of Lien is a critical document in Hong Kong's construction and development industry, used when a contractor, subcontractor, or supplier has completed their work and received full payment. This document is particularly important in large-scale construction projects where multiple contractors and suppliers are involved. Under Hong Kong law, the Final Waiver of Lien provides legal protection to property owners and developers by ensuring that contractors cannot later claim additional payment or place liens on the property. The document typically includes detailed information about the project, payment confirmation, and a clear waiver statement. It's essential for project closeout and is often required before final payment is released or before a property can be sold or refinanced. The document must comply with Hong Kong's Construction Industry Payment and Adjudication Ordinance and other relevant legislation.

What sections should be included in a Final Waiver Of Lien?

1. Identification of Parties: Full legal names and addresses of the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically owner/general contractor)

2. Project Information: Detailed description of the construction project, including project address, contract reference numbers, and dates

3. Payment Acknowledgment: Confirmation of receipt of payment, including amount received and payment details

4. Waiver Declaration: Clear and unequivocal statement waiving all lien rights related to the project

5. Scope of Waiver: Specific description of what work, materials, or services the waiver covers and the time period it applies to

6. Representations and Warranties: Statements confirming authority to execute the waiver and that all payments to subcontractors and suppliers have been made

7. Execution: Signature blocks, date, and any requirements for witnessing or notarization

What sections are optional to include in a Final Waiver Of Lien?

1. Conditional Release Provisions: Used when the waiver is conditional upon receipt of specific payment or fulfillment of certain conditions

2. Reservation of Rights: Include when certain rights need to be preserved or when the waiver applies only to specific claims

3. Subcontractor Confirmation: Required when there's a need to confirm that all subcontractors and suppliers have been paid

4. Governing Law and Jurisdiction: While Hong Kong law applies, this section may be needed for complex projects or when parties are from different jurisdictions

5. Prior Lien Releases: Reference to any previous partial lien releases or waivers if this is part of a series

What schedules should be included in a Final Waiver Of Lien?

1. Schedule A - Project Details: Detailed description of the project scope, location, and contract references

2. Schedule B - Payment Details: Breakdown of payments received, including dates, amounts, and payment references

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, if applicable

4. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, previous partial waivers, or other supporting documentation

5. Appendix 2 - Corporate Authority: Evidence of authority to execute the waiver (if signatory is signing on behalf of a corporation)

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Employment Letter

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Engineering

Architecture

Building Materials

Property Management

Construction Finance

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Risk Management

Contract Administration

Development

Operations

Commercial

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Site Supervisor

Quantity Surveyor

Procurement Manager

Finance Director

Development Manager

Construction Director

Claims Manager

Risk Manager

Industries





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