Download Conditional Lien Waiver - Singapore

Conditional Lien Waiver Template for Singapore

A Conditional Lien Waiver under Singapore law is a legal document that waives a party's right to place a lien on a property, contingent upon specific conditions being met, typically the receipt of payment. This document is governed by Singapore's Building and Construction Industry Security of Payment Act (SOPA) and related legislation, providing a mechanism for managing payment security in construction and development projects while protecting the rights of all parties involved.

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What is a Conditional Lien Waiver?

A Conditional Lien Waiver is commonly used in Singapore's construction and development industry when parties need to manage payment security and lien rights. The document allows a lien holder to waive their right to file a lien against a property, but only after specific conditions are met, most commonly the receipt of payment. This arrangement provides protection for both the property owner and the lien holder, ensuring that rights are only waived once agreed-upon conditions are satisfied. The document must comply with Singapore's SOPA and related legislation, making it a crucial tool in construction payment management.

What sections should be included in a Conditional Lien Waiver?

1. Project Identification: Details of the project, property, or work related to the lien including project name, address, and reference numbers

2. Parties: Full identification of lien holder and property owner/contractor, including registration numbers and addresses

3. Waiver Amount: Specific amount being waived, including any applicable taxes and the currency

4. Conditions: Specific conditions that must be met for the waiver to take effect, including payment terms and verification requirements

5. Scope of Waiver: Exact rights being waived and any limitations, including the time period covered by the waiver

What sections are optional to include in a Conditional Lien Waiver?

1. Progress Payment Details: Details of specific progress payments including payment schedule, amounts, and relevant dates

2. Retention Rights: Specification of any retained rights and conditions under which they may be exercised

3. Third Party Rights: Provisions regarding the impact on rights of subcontractors or other related parties

What schedules should be included in a Conditional Lien Waiver?

1. Schedule A - Payment Schedule: Detailed breakdown of payments, including amounts, dates, and payment conditions

2. Schedule B - Project Documents: List and copies of relevant contracts, permits, or other project documentation

3. Schedule C - Property Description: Legal description of the property including lot numbers, bouNDAries, and any relevant certificates of title

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

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