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Construction Conditional Lien Waiver
"I need a Construction Conditional Lien Waiver for a €5.2M commercial building project in Munich, with multiple subcontractors, where the waiver should be conditional upon receiving the March 2025 progress payment and include provisions for retaining rights for disputed change orders."
1. Project Information: Identification of the construction project, including address, project name, and relevant contract references
2. Parties: Identification of the waiving party (typically contractor/subcontractor) and the beneficiary (typically owner/general contractor)
3. Payment Details: Specific information about the payment amount, invoice references, and payment period covered by the waiver
4. Waiver Statement: The formal statement of waiver of lien rights, specifically referencing §650e BGB (Bauhandwerkersicherung)
5. Conditions: Clear articulation of the conditions that must be met for the waiver to become effective, typically payment receipt
6. Retained Rights: Statement of any rights specifically retained by the waiving party
7. Representations: Representations by the waiving party regarding authority to waive liens and absence of assignments
8. Governing Law: Specification of German law as governing law and reference to relevant BGB provisions
1. Previous Payments: Section detailing prior payments received and corresponding lien waivers - include when this is not the first waiver for the project
2. Subcontractor Confirmation: Confirmation regarding payments to subcontractors - include when the waiving party has subcontractors
3. Special Release Provisions: Additional release provisions for specific claims or rights - include when there are particular claims to address
4. Notice Requirements: Special notice requirements for condition fulfillment - include when specific notification procedures are agreed
5. Authorized Representatives: Designation of authorized representatives for waiver verification - include for larger projects with multiple stakeholders
1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including any retained amounts and payment schedule
2. Schedule B - Project Scope: Description of work covered by the waiver, including relevant contract sections and change orders
3. Schedule C - Supporting Documents: List of relevant invoices, payment applications, and other supporting documentation
4. Appendix 1 - Form of Payment Confirmation: Standard form for confirming receipt of payment and satisfaction of waiver conditions
5. Appendix 2 - Subcontractor List: List of subcontractors and suppliers covered by or excluded from the waiver, if applicable
Authors
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Building Materials Manufacturing
Construction Services
Property Development
Civil Engineering
Architecture and Design
Legal
Construction Operations
Project Management
Finance
Risk Management
Procurement
Contract Administration
Claims Management
Commercial Operations
Document Control
Construction Project Manager
Contract Administrator
Legal Counsel
Construction Site Manager
Property Development Manager
Commercial Director
Chief Financial Officer
Risk Manager
Procurement Manager
Construction Operations Manager
Claims Manager
Account Manager
Project Control Specialist
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