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Contractor Lien Release Template for Netherlands

A Contractor Lien Release is a formal legal document used in the Dutch construction industry that provides written confirmation that a contractor waives their right of retention (retentierecht) over property or releases claims for payment regarding completed work. This document, governed by Dutch civil law, particularly the Burgerlijk Wetboek, serves as a crucial instrument in construction project closures and payment processes. It protects property owners from future claims while providing documentation of contractors' receipt of payment and satisfaction with the financial settlement. The document typically includes details of the project, payment confirmation, and specific terms of the release in compliance with Dutch construction and contract law requirements.

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What is a Contractor Lien Release?

The Contractor Lien Release is an essential document in Dutch construction law and project management, used when a contractor has completed their work and received payment, or is preparing to receive final payment. This document serves multiple purposes under Dutch law: it releases the contractor's right of retention (retentierecht) as defined in the Dutch Civil Code (Burgerlijk Wetboek), confirms receipt of payment, and waives future claims related to the specified work. The Contractor Lien Release is particularly important in larger construction projects where multiple contractors and subcontractors are involved, as it helps maintain clear records of payment settlements and claim releases. It's commonly required before final payment release, during project milestone completions, or when transferring property ownership, and must comply with Dutch construction law and contract regulations.

What sections should be included in a Contractor Lien Release?

1. Project Identification: Details of the construction project including project name, address, and reference numbers

2. Parties: Full legal names and addresses of both the contractor releasing the lien and the property owner/principal contractor

3. Payment Acknowledgment: Confirmation of payments received, including amounts and payment dates

4. Lien Release Statement: Formal declaration releasing all liens and claims related to the specified work

5. Scope of Release: Detailed description of work, materials, or services covered by the lien release

6. Effective Date: Date when the lien release becomes effective

7. Execution: Signature blocks for authorized representatives, including notarization if required

What sections are optional to include in a Contractor Lien Release?

1. Conditional Release Language: Additional terms making the release conditional upon receipt of specified payment - used when the release is given before payment is received

2. Partial vs. Final Release: Specific language indicating whether this is a partial or final release - used when multiple releases are issued throughout the project

3. Retained Rights: Statement of any rights or claims specifically retained by the contractor - used when certain claims are intentionally excluded from the release

4. Subcontractor Confirmation: Confirmation that all subcontractors and suppliers have been paid - used in final releases or when required by the principal contractor

5. Warranty Obligations: Statement preserving warranty obligations - used when warranty obligations need to survive the lien release

What schedules should be included in a Contractor Lien Release?

1. Schedule A - Project Details: Detailed description of the project scope and work performed

2. Schedule B - Payment History: Itemized list of all payments received to date

3. Schedule C - Outstanding Change Orders: List of any pending or approved change orders affected by the release

4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment proofs, or other supporting documentation

5. Appendix 2 - Original Contract: Reference copy of the original contract or relevant portions thereof

6. Appendix 3 - Subcontractor Releases: Copies of lien releases from subcontractors and suppliers, if applicable

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Lien Waiver

Cost

Free to use

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