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Conditional Waiver And Release Of Lien
"I need a Conditional Waiver and Release of Lien for a Hong Kong residential development project, where I'm the main contractor releasing lien rights against a progress payment of HKD 5.8 million, with the waiver to become effective upon confirmed payment in March 2025."
1. Parties: Identification of the party giving the waiver (typically contractor/subcontractor/supplier) and the party receiving it (typically the property owner or general contractor)
2. Background: Brief description of the project, the original contract, and the context for the lien waiver
3. Definitions: Key terms used in the document, including 'Progress Payment', 'Lien', 'Project', 'Contract', and 'Effective Date'
4. Scope of Work: Description of the work or materials provided that gave rise to the lien rights being waived
5. Payment Details: Specific amount of payment that triggers the waiver and payment method
6. Conditional Waiver: The actual waiver language, clearly stating it only takes effect upon receipt of payment
7. Reservation of Rights: Statement preserving rights for retention amounts, unbilled work, and pending changes
8. Representations and Warranties: Confirming authority to execute the waiver and that no assignment of lien rights has occurred
9. Governing Law: Specification that Hong Kong law governs the document
10. Execution: Signature blocks and execution requirements
1. Lower-tier Certifications: Required when the waiving party needs to certify that all lower-tier subcontractors and suppliers have been paid
2. Notarization: Include when formal verification of signatures is required by the receiving party
3. Previous Payments: Include when there's a need to acknowledge prior payments received and previous lien waivers
4. Disputed Claims: Include when there are specific disputed amounts or claims that need to be carved out from the waiver
5. Indemnification: Include when the receiving party requires protection against future claims related to the waived rights
1. Schedule A - Project Details: Detailed description of the project, including address, lot number, and building description
2. Schedule B - Payment Summary: Breakdown of the payment amount, including any retention or disputed amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, if applicable
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation
5. Appendix 2 - Original Contract Extract: Relevant excerpts from the original contract relating to lien rights and payment terms
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Manufacturing
Engineering Services
Architecture
Building Materials Supply
Construction Finance
Legal
Construction
Project Management
Commercial
Finance
Procurement
Contract Administration
Risk Management
Development
Operations
Project Director
Construction Manager
Contract Administrator
Legal Counsel
Project Manager
Site Manager
Quantity Surveyor
Commercial Director
Finance Manager
Procurement Manager
Claims Manager
Risk Manager
Company Secretary
Development Director
Construction Lawyer
Find the exact document you need
Conditional Waiver And Release Of Lien
A Hong Kong law-governed document that conditionally releases construction lien rights upon receipt of specified payment, commonly used in construction and development projects.
Unconditional Waiver And Release
A Hong Kong law-governed document that provides for the immediate and unconditional waiver of rights or claims by one party in favor of another, with no conditions attached.
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A Hong Kong law-governed document that establishes terms for waiving specific construction-related liabilities between project parties while maintaining compliance with local construction and safety regulations.
Unconditional Waiver And Release Of Lien
A Hong Kong law-governed document that unconditionally waives a contractor's or supplier's right to place a lien on a property after receiving payment for work or materials.
Conditional Waiver
A Hong Kong law-governed document that waives specific rights or obligations upon satisfaction of defined conditions.
Unconditional Sale And Purchase Agreement
A Hong Kong law-governed agreement for the unconditional sale and purchase of real property, setting out definitive terms for property transfer and parties' obligations.
Part Time To Full Time Offer Letter
A Hong Kong-compliant offer letter converting a part-time employee to full-time status, outlining new employment terms and conditions.
Lien Affidavit
A sworn legal document under Hong Kong law that establishes a claim against property for unpaid work, services, or materials.
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