The Lien Waiver Release Form is a critical document in Dutch construction and real estate transactions, used when contractors, subcontractors, or suppliers need to formally relinquish their lien rights (retentierecht) after receiving payment for their work or materials. This document is particularly important in the Netherlands, where construction liens are governed by the Dutch Civil Code (Burgerlijk Wetboek) and provide significant legal protection for unpaid contractors. The form typically includes project details, payment information, and specific provisions about the rights being waived. It serves as protection for property owners against future claims while providing contractors with a standardized process for acknowledging payment receipt. The document is commonly used at various project stages, from progress payments to final completion, and may be either conditional upon payment or unconditional, depending on the circumstances.
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1. Parties: Identification of the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically property owner/general contractor)
2. Project Information: Details of the construction project including address, project name, and relevant contract references
3. Definitions: Key terms used in the document including 'Lien Rights', 'Project', 'Contract', and 'Waiver Period'
4. Waiver Declaration: Clear statement of the lien rights being waived and the scope of the waiver
5. Payment Acknowledgment: Confirmation of payments received and details of the payment that triggers this waiver
6. Representations and Warranties: Statements confirming the waiving party's authority and that all subcontractors/suppliers have been paid
7. Execution Requirements: Formal requirements for making the waiver effective under Dutch law
8. Governing Law: Explicit statement that Dutch law governs the waiver
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specific payment
2. Subcontractor Acknowledgments: Required when there are multiple tiers of subcontractors involved
3. Partial Waiver Provisions: Used when the waiver applies only to specific work or time periods
4. Release of Additional Claims: Optional broader release of other construction-related claims
5. Reservation of Rights: Used when certain rights need to be explicitly preserved
6. Third-Party Beneficiary Clause: Added when the waiver needs to benefit additional parties
1. Schedule A - Project Details: Detailed description of the project and relevant contract information
2. Schedule B - Payment Details: Breakdown of payments received and remaining amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment proof, or other supporting documentation
5. Appendix 2 - Prior Waivers: Copies of any previous partial waivers issued for the same project
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