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Final Waiver Of Lien Template for Netherlands

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Key Requirements PROMPT example:

Final Waiver Of Lien

"I need a Final Waiver of Lien for a completed office building renovation project in Amsterdam, where our company was the general contractor and we've received the final payment of €2.5M on March 15, 2025."

Document background
The Final Waiver of Lien is a critical document in Dutch construction and development projects, used when a contractor, subcontractor, or supplier has completed their work and received final payment. Under Dutch law, which differs from common law systems, this document focuses on waiving retention rights (retentierecht) and rights of suspension (opschortingsrecht) rather than traditional mechanics' liens. The Final Waiver of Lien should be obtained before releasing final payment and is essential for protecting the property owner's interests and ensuring clear title. It typically includes detailed information about the project, confirmation of payments received, and explicit waiver language that complies with Dutch Civil Code requirements. This document is particularly important in commercial and residential construction projects where multiple contractors and suppliers are involved.
Suggested Sections

1. Parties: Identification of the waiving party (typically contractor/subcontractor) and the beneficiary party (typically owner/general contractor)

2. Background: Context of the project, reference to the original contract, and the basis for the lien waiver

3. Definitions: Key terms used in the document, including Project, Contract, Works, and Payment details

4. Payment Acknowledgment: Confirmation of receipt of specified payment amount and that it represents payment in full

5. Waiver Declaration: Express waiver of all lien rights and claims relating to the work performed

6. Representation of Authority: Confirmation that the signing party has authority to execute the waiver

7. Governing Law: Specification that Dutch law governs the waiver

8. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditional Provisions: Used when the waiver is conditional upon receipt of final payment or other conditions

2. Reservation of Rights: Include when certain rights need to be explicitly preserved despite the general waiver

3. Third Party Rights: needed when the waiver affects rights of third parties such as sub-subcontractors

4. Release of Claims: Additional section for broader release of claims beyond just lien rights

5. Warranties: Include when specific warranties about the work or payment status are required

Suggested Schedules

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

2. Payment Schedule: Breakdown of payments received and confirmation of final payment amount

3. Original Contract: Copy or extract of relevant portions of the original contract

4. Prior Partial Waivers: Copies of any previous partial waivers issued for the project

5. Authorization Documents: Corporate resolutions or powers of attorney proving authority to execute the waiver

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






















Clauses




















Relevant Industries

Construction

Real Estate

Infrastructure

Commercial Property Development

Residential Development

Industrial Construction

Civil Engineering

Architecture

Building Materials

Property Management

Relevant Teams

Legal

Construction

Project Management

Finance

Procurement

Operations

Risk Management

Commercial

Development

Real Estate

Contracts Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Property Developer

Construction Site Supervisor

Procurement Manager

Real Estate Manager

Finance Director

Operations Director

Risk Manager

Commercial Director

Development Manager

Project Engineer

Construction Lawyer

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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