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Conditional Lien Waiver Form Template for India

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Key Requirements PROMPT example:

Conditional Lien Waiver Form

"I need a Conditional Lien Waiver Form for a residential construction project in Mumbai, where I'm the general contractor receiving a progress payment of ₹50 lakhs, with the waiver to be effective only upon receipt of payment scheduled for March 15, 2025."

Document background
The Conditional Lien Waiver Form is a critical document in Indian construction and development projects, used when parties need to document the waiver of lien rights subject to payment receipt. This document type is particularly relevant in scenarios where contractors, subcontractors, or suppliers need to provide assurance to property owners or developers that they will not file a lien against the property once payment is received. The form, while not explicitly regulated by a single Indian statute, is governed by various laws including the Transfer of Property Act, 1882, and the Indian Contract Act, 1872. It typically includes detailed information about the project, parties involved, payment amount, and specific conditions that must be met for the waiver to become effective. The document serves as a risk management tool, protecting both the paying party's interests and the payee's right to receive compensation.
Suggested Sections

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

2. Parties: Identification of the waiving party (typically contractor/subcontractor/supplier) and the beneficiary party (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: Clear statement of the lien rights being waived, explicitly stating the conditional nature of the waiver

5. Condition Precedent: Explicit statement that the waiver is effective only upon receipt of specified payment

6. Reservation of Rights: Statement preserving rights for retention amounts, unbilled work, and pending claims if any

7. Certification: Declaration by the waiving party regarding the truth of statements made

8. Execution Block: Signature blocks with date and witness provisions as required under Indian law

Optional Sections

1. Previous Payments Acknowledgment: Section acknowledging receipt of previous payments - include when there is a payment history to be documented

2. Through-Date Statement: Statement specifying the exact date through which the waiver applies - include for progress payments

3. Excluded Claims: Detailed list of specific claims or rights that are excluded from the waiver - include when there are pending claims or disputes

4. Notarization Block: Space for notary attestation - include when required by project requirements or local jurisdiction

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including any previous payments and current payment

2. Schedule B - Project Scope: Description of work or materials furnished to the project covered by the waiver

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

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

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Construction

Engineering Services

Architecture and Design

Construction Materials Supply

Project Management

Relevant Teams

Legal

Construction Management

Project Management

Finance

Procurement

Contract Administration

Risk Management

Real Estate

Development

Commercial

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Property Developer

Site Supervisor

Procurement Manager

Finance Manager

Claims Manager

Construction Director

Real Estate Manager

Development Director

Commercial Manager

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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