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Deed And Lien Waiver Template for England and Wales

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Key Requirements PROMPT example:

Deed And Lien Waiver

"I need a Deed and Lien Waiver for a large commercial construction project in Manchester, where our main contractor needs to waive their lien rights in exchange for the final payment of £2.5M, to be completed by March 2025."

Document background
The Deed and Lien Waiver is a crucial document in construction and property development projects within England and Wales. It is typically used when parties need to ensure clear title to property by removing potential lien claims, often as a condition of payment or project completion. The document must be executed as a deed to ensure its enforceability and typically includes detailed information about the project, payments made, and specific rights being waived. This type of document provides security for property owners and lenders while ensuring contractors receive their agreed payments.
Suggested Sections

1. Parties: Full legal names and addresses of all parties involved in the deed and lien waiver

2. Background/Recitals: Context of the agreement, including reference to the original contract and circumstances leading to the lien waiver

3. Definitions: Key terms used throughout the document, including 'the Project', 'the Works', 'Payment', etc.

4. Waiver of Lien: Express waiver of rights to file or maintain any lien claims

5. Acknowledgment of Payment: Confirmation of payments received and outstanding amounts

6. Release: General release of claims related to the waived liens

7. Execution: Formal execution blocks meeting deed requirements under English law

Optional Sections

1. Conditional Provisions: Used when the waiver is conditional upon certain events or payments

2. Representations and Warranties: Additional guarantees by the waiving party

3. Indemnification: Protection against future claims

4. Survival Clause: Specifies which provisions survive the waiver

Suggested Schedules

1. Schedule of Payments: Detailed breakdown of payments received and/or outstanding

2. Project Details: Description of the works or project to which the waiver relates

3. Original Contract: Copy or summary of the original contract terms

4. Supporting Documentation: Any relevant certificates, notices, or other supporting documents

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






























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Law of Property Act 1925: Core legislation governing property law in England and Wales, including requirements for valid deeds, formalities of execution, and property rights and interests

Law of Property (Miscellaneous Provisions) Act 1989: Legislation specifying requirements for deeds (Section 1) and contracts for sale of land (Section 2)

Limitation Act 1980: Establishes time limits for enforcing rights and statutory bars to claims in England and Wales

Construction Act 1996: Housing Grants, Construction and Regeneration Act covering payment provisions, rights to claim liens, and adjudication rights

Companies Act 2006: Legislation governing execution of deeds by companies and corporate authority requirements

Land Registration Act 2002: Covers registration requirements and priority of interests in land

Doctrine of Consideration: Common law principle requiring exchange of value for contracts to be legally binding

Waiver and Estoppel Principles: Common law principles governing the voluntary relinquishment of rights and prevention of inconsistent legal positions

Privity of Contract: Common law doctrine determining who can enforce rights under a contract

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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