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Construction Conditional Lien Waiver Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Construction Conditional Lien Waiver is a critical document in German construction projects, used when contractors or subcontractors agree to waive their lien rights (Bauhandwerkersicherung) subject to specific conditions, typically the receipt of payment. This document type emerged from the need to balance payment security under §650e of the German Civil Code (BGB) with practical project completion requirements. It contains detailed information about the project, parties involved, payment amounts, and specific conditions that must be met for the waiver to become effective. The document is particularly important in staged construction projects where multiple payment milestones exist, and it helps maintain smooth payment flows while protecting the rights of all parties involved. The conditional nature of the waiver provides security for contractors while offering property owners assurance that lien rights will be released upon fulfillment of payment obligations.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses




















Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Real Estate Development

Building Materials Manufacturing

Construction Services

Property Development

Civil Engineering

Architecture and Design

Relevant Teams

Legal

Construction Operations

Project Management

Finance

Risk Management

Procurement

Contract Administration

Claims Management

Commercial Operations

Document Control

Relevant Roles

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

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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