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Conditional Lien Waiver

Conditional Lien Waiver Template for Netherlands

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Key Requirements PROMPT example:

Conditional Lien Waiver

"I need a Conditional Lien Waiver for a commercial building project in Amsterdam, where our subcontractor will waive their lien rights upon receiving the final payment of €500,000 scheduled for March 15, 2025."

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Document background
The Conditional Lien Waiver is a crucial document in Dutch construction and development projects, used when parties need to manage payment-related risks and security interests. This document type is particularly relevant when progress or partial payments are being made, and parties need to ensure proper release of lien rights while maintaining security until payment is received. Under Dutch law, the Conditional Lien Waiver must comply with the requirements of the Burgerlijk Wetboek regarding property rights and security interests, and may need to be registered in certain cases. The document typically includes specific payment details, project information, and clearly defined conditions that must be met before the waiver becomes effective, protecting both the party providing the waiver and the party receiving it.
Suggested Sections

1. Parties: Identification of the lien holder (typically contractor/subcontractor) and the party receiving the waiver (typically property owner/general contractor)

2. Background: Context of the underlying project, contract, or work performed that gave rise to the lien rights

3. Definitions: Key terms including Project, Contract, Lien Rights, Payment Amount, and Effective Date

4. Scope of Waiver: Detailed description of the specific lien rights being waived and any rights specifically reserved

5. Conditions Precedent: Clear statement of the conditions that must be met before the waiver becomes effective, typically receipt of specified payment

6. Waiver Statement: Formal waiver language that becomes effective upon satisfaction of conditions

7. Representations and Warranties: Statements confirming authority to waive rights, absence of assignments, and other key assurances

8. Governing Law and Jurisdiction: Explicit reference to Dutch law and competent courts

Optional Sections

1. Additional Security Releases: Include when there are additional security interests or guarantees being released

2. Subcontractor Provisions: Include when the waiver needs to address rights of subcontractors or suppliers

3. Registration Requirements: Include when the lien or its waiver requires registration in public records

4. Payment Verification Process: Include when specific payment verification procedures need to be documented

5. Dispute Resolution: Include when parties want to specify particular dispute resolution mechanisms

6. Notices: Include when formal notice requirements need to be specified for confirming condition fulfillment

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project and work performed

2. Schedule B - Payment Details: Specification of payment amounts, payment dates, and payment methods

3. Schedule C - Prior Liens: List of any existing liens or security interests affecting the property

4. Appendix 1 - Form of Payment Confirmation: Standard form for confirming receipt of payment and satisfaction of conditions

5. Appendix 2 - Supporting Documents: Copies of relevant contracts, invoices, or other supporting documentation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Property Development

Infrastructure

Commercial Building

Residential Development

Industrial Construction

Engineering

Architecture

Building Materials

Project Finance

Facilities Management

Relevant Teams

Legal

Finance

Construction Management

Project Management

Risk Management

Commercial

Procurement

Operations

Development

Compliance

Contract Administration

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Finance Director

Property Developer

Construction Site Manager

Procurement Manager

Risk Manager

Commercial Director

Development Director

General Counsel

Claims Manager

Project Controller

Construction Lawyer

Financial Controller

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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