Subcontractor Final Lien Waiver Form

Subcontractor Final Lien Waiver Form Template for Germany

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Key Requirements PROMPT example:

"I need a Subcontractor Final Lien Waiver Form for a completed office building renovation project in Berlin, where our subcontractor has received the final payment of €250,000 on January 15, 2025, and we need to ensure all claims are properly waived under German law."

Document background

The Subcontractor Final Lien Waiver Form is a critical document used in German construction projects when a subcontractor has completed their work and received final payment. This document is required under German law, particularly in accordance with BGB § 648 and § 648a, which govern construction liens (Bauhandwerkersicherung). The form serves multiple purposes: it confirms receipt of final payment, releases all lien rights against the property, and provides assurance that all lower-tier contractors and suppliers have been paid. The document is typically required before final payment is released and is often a conditional requirement in construction contracts. It provides essential protection for property owners and general contractors by ensuring that no future claims can be made against the property for the completed work.

Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers

2. Parties: Identification of the subcontractor providing the waiver, the general contractor receiving it, and the property owner

3. Payment Acknowledgment: Detailed statement of the payment amount received, including the final contract sum and any approved change orders

4. Waiver Declaration: Formal waiver language releasing all lien rights and claims under BGB § 648 and § 648a related to the project

5. Representations and Warranties: Subcontractor's confirmation that all suppliers and sub-subcontractors have been paid and no outstanding claims exist

6. Execution: Signature block with date and notarization requirements

Optional Sections

1. Conditional Waiver Provisions: To be included when the waiver is contingent upon receipt of final payment, rather than being based on payment already received

2. Exceptions and Reservations: Section listing any specific claims or rights that are explicitly not being waived, if applicable

3. Previous Payments Schedule: To be included when there's a need to document the history of previous payments received

4. Sub-tier Certification: Additional certification regarding payments to lower-tier subcontractors and suppliers, required for larger projects

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including original contract sum, approved changes, and previous payments

2. Schedule B - Project Scope Completion Verification: Checklist or documentation confirming completion of all contracted work

3. Appendix 1 - Supporting Documentation: Copies of final payment applications, change orders, or other relevant payment documentation

4. Appendix 2 - Sub-tier Lien Waivers: Collection of lien waivers from sub-subcontractors and suppliers, if required

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 Development

Infrastructure

Industrial Construction

Commercial Real Estate

Residential Development

Public Works

Manufacturing Facilities

Energy Infrastructure

Transportation Infrastructure

Relevant Teams

Legal

Construction Management

Project Management

Finance

Procurement

Risk Management

Commercial

Contract Administration

Operations

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Construction Site Manager

Finance Manager

Procurement Manager

Claims Manager

Risk Manager

Commercial Director

Project Controller

Construction Attorney

Subcontractor Relations Manager

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Let's create your Subcontractor Final Lien Waiver Form

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