A Waiver of Lien to Date is a critical document in Indian construction and development projects, typically used when partial or progress payments are made during ongoing construction work. This document is essential for property owners who need to maintain clear title to their property and for contractors who need to demonstrate receipt of payment. The waiver confirms that all payments have been received for work completed up to a specific date and that the contractor relinquishes any right to file a lien against the property for that work. Under Indian law, particularly the Transfer of Property Act and the Indian Contract Act, this document serves as legal evidence of payment receipt and lien release, helping prevent future disputes and ensuring smooth project progression.
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1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers
2. Party Information: Complete identification of the waiving party (contractor/subcontractor) and the party receiving the waiver (owner/contractor)
3. Payment Acknowledgment: Specific acknowledgment of payments received to date, including the amount and date of the last payment
4. Waiver Statement: Express waiver language releasing lien rights for work completed and materials furnished up to a specific date
5. Execution Block: Signature blocks with notarization section
1. Conditional Waiver Clause: Used when the waiver is contingent upon receipt of a specific payment
2. Reservation of Rights: Used when the contractor wants to preserve lien rights for unbilled or disputed work
3. Third Party Rights: Used when there's a need to address the rights of subcontractors or suppliers
4. Warranty of Authority: Used when the signing party is representing an entity, warranting their authority to execute the waiver
1. Schedule A - Project Details: Detailed description of the project scope and location if too extensive for main document
2. Schedule B - Payment History: Itemized list of all payments received to date if multiple payments are involved
3. Schedule C - Outstanding Claims: List of any preserved claims or disputed amounts if applicable
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