The Contractor Lien Waiver is a critical document in Indonesian construction projects that helps manage financial risks and ensure clear documentation of payment settlements. It is typically used when a contractor has received full or partial payment for their work and needs to formally waive their right to file a lien against the property. The document must comply with Indonesian Construction Services Law (Law No. 2 of 2017) and the Indonesian Civil Code, particularly regarding security rights and construction contracts. It includes essential information such as project details, payment acknowledgment, and specific waiver language. The waiver can be either conditional (pending payment) or unconditional (after payment receipt), and may require notarization for additional legal certainty in the Indonesian jurisdiction.
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1. Title and Date: Clear identification of the document as a Contractor Lien Waiver and date of execution
2. Parties: Identification of the contractor providing the waiver and the property owner/party receiving the waiver
3. Project Information: Details of the construction project including location, contract reference, and scope of work
4. Payment Acknowledgment: Specific acknowledgment of the payment received, including amount and payment date
5. Waiver Statement: Express waiver of lien rights and claims related to the work completed and payment received
6. Scope of Waiver: Clear definition of what rights are being waived and any limitations or exceptions
7. Certification: Contractor's certification that all subcontractors and suppliers have been paid
8. Governing Law: Statement that the waiver is governed by Indonesian law
9. Execution: Signature blocks for authorized representatives
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment
2. Retained Rights: Include when certain rights need to be explicitly preserved
3. Subcontractor Acknowledgment: Used when subcontractors need to acknowledge or confirm payment receipt
4. Previous Payments: Include when referencing prior payments and waivers
5. Notarization Block: Used when document needs to be notarized for additional legal certainty
1. Schedule A - Project Details: Detailed description of the project scope and location
2. Schedule B - Payment Details: Breakdown of payments received and work completed
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers related to the waived work
4. Appendix 1 - Supporting Documents: Copies of relevant payment proofs or completion certificates
5. Appendix 2 - Power of Attorney: If the signatory is acting under a power of attorney
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Mining
Oil and Gas
Manufacturing
Hospitality
Relevant Teams
Legal
Construction
Project Management
Finance
Procurement
Risk Management
Commercial
Property Development
Contract Administration
Relevant Roles
Construction Project Manager
Contract Administrator
Legal Counsel
Project Director
Chief Financial Officer
Construction Site Manager
Procurement Manager
Risk Manager
Commercial Director
Property Development Manager
General Counsel
Finance Director
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