Conditional Waiver And Release Of Lien

Conditional Waiver And Release Of Lien Template for Germany

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Key Requirements PROMPT example:

"I need a Conditional Waiver and Release of Lien for a Berlin commercial construction project, where we're making a partial payment of €500,000 to the general contractor in January 2025, with specific provisions for preserving lien rights for remaining unpaid work."

Document background

The Conditional Waiver and Release of Lien is a critical document in German construction and property development projects, used when a contractor, subcontractor, or supplier agrees to waive their lien rights upon receiving specific payment. This document is particularly important in the German legal context, where construction liens (Bauhandwerkerpfandrecht) provide significant protection for contractors under the German Civil Code. The conditional nature of the release protects both parties: the contractor retains lien rights until payment is received, while the property owner receives assurance that the lien will be released upon making the specified payment. The document typically includes details of the original contract, property description, payment amount, and specific conditions for release. It's commonly used in construction projects, renovations, and property developments to ensure clear property titles and manage payment-related risks effectively.

Suggested Sections

1. Parties: Identification of the releasing party (lienholder) and the party receiving the release, including full legal names and addresses

2. Background: Description of the original contract, work performed, property location, and the existence of the lien right

3. Definitions: Key terms used in the document, including 'Payment Amount', 'Property', 'Contract', 'Lien Rights', and 'Effective Date'

4. Payment Amount and Terms: Specific amount to be paid and payment method that will trigger the release

5. Conditional Release Statement: Clear statement that the release becomes effective only upon receipt of specified payment

6. Scope of Release: Detailed description of what rights are being waived and released upon payment

7. Representations and Warranties: Statements by the releasing party regarding authority to release and ownership of the lien rights

8. Governing Law: Specification of German law as governing law and jurisdiction

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Partial Release Provisions: Used when the release covers only a portion of the total lien rights or work performed

2. Subcontractor Provisions: Required when the release affects rights of subcontractors or when subcontractor releases are also needed

3. Previous Payments Acknowledgment: Include when there have been prior payments that need to be acknowledged

4. Reservation of Rights: Used when certain rights need to be preserved despite the release

5. Notarization Requirements: Include when notarization is required for the specific property or jurisdiction

6. Translation Clause: Required when the document needs to be in both German and another language

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property subject to the lien

2. Schedule B - Payment Details: Breakdown of payment amounts, including any previous payments and remaining amounts

3. Schedule C - Original Contract: Summary or copy of the original contract or work order

4. Schedule D - Lien Documentation: Copies of filed lien documents or notices

5. Appendix 1 - Release Conditions: Detailed list of all conditions that must be met for the release to become effective

6. Appendix 2 - Form of Payment Confirmation: Template for confirming receipt of payment and triggering release

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Manufacturing

Energy

Telecommunications

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Risk Management

Commercial

Real Estate

Contract Administration

Operations

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Finance Director

Construction Site Supervisor

Procurement Manager

Real Estate Manager

Risk Manager

Claims Manager

Commercial Director

Project Controller

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Partial Release And Waiver Of Lien

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Let's create your Conditional Waiver And Release Of Lien

Authors

Alex Denne

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