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Waiver And Release Of Lien

Waiver And Release Of Lien Template for Netherlands

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Key Requirements PROMPT example:

Waiver And Release Of Lien

"I need a Waiver and Release of Lien for a Dutch construction project where our general contractor has received final payment for a commercial building renovation completed in March 2025, and we need to ensure all subcontractor claims are also released."

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Document background
The Waiver and Release of Lien is a crucial document in Dutch construction and property development projects, serving as a formal mechanism to clear property titles and facilitate proper payment flows. This document is typically used when a contractor, subcontractor, or supplier has completed their work or delivered materials and received payment, thereby waiving their right to place a lien on the property. Under Dutch law, liens (retentierecht) provide security for payment, and their release requires careful documentation to ensure legal compliance and protect all parties' interests. The document must adhere to Dutch Civil Code requirements and may need notarization and registration with relevant authorities. It includes details about the property, the original contract, the work performed, and the payment received or to be received.
Suggested Sections

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

2. Background: Context of the original contract, work performed, and the lien rights being waived

3. Definitions: Key terms including Property, Work, Contract, Lien Rights, and Payment Amount

4. Project Information: Detailed description of the property and project to which the lien rights relate

5. Waiver and Release: Core section containing the explicit waiver language and release of lien rights

6. Payment Acknowledgment: Confirmation of payments received or to be received as consideration for the release

7. Representations and Warranties: Statements confirming authority to release lien, payment status of subcontractors, and absence of other claims

8. Governing Law: Specification of Dutch law as governing law and jurisdiction

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditional Release Provisions: Used when the release is conditional upon receipt of payment, including specific conditions and effective date

2. Subcontractor Acknowledgments: Include when there are subcontractors involved, containing their confirmations of payment and release of rights

3. Notarization: Include when formal notarization is required for registration purposes

4. Survival Clause: Include when certain representations need to survive the release

5. Previous Payments: Include when there is a need to acknowledge prior payments and partial releases

6. Reservation of Rights: Include when certain rights need to be explicitly reserved despite the general release

Suggested Schedules

1. Schedule A - Property Description: Detailed legal description of the property subject to the lien

2. Schedule B - Payment Details: Breakdown of payments received and/or pending, including relevant invoices

3. Schedule C - Original Contract: Copy or summary of the original contract giving rise to the lien rights

4. Schedule D - Proof of Work Completion: Documentation evidencing completion of work or delivery of materials

5. Appendix 1 - Supporting Documents: Copies of relevant permits, certificates, or other supporting documentation

6. Appendix 2 - Prior Partial Releases: Copies of any previous partial lien releases if applicable

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



































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Relevant Industries

Construction

Real Estate

Infrastructure

Manufacturing

Engineering

Architecture

Industrial Development

Commercial Property

Residential Development

Energy

Relevant Teams

Legal

Finance

Operations

Project Management

Construction Management

Procurement

Real Estate

Commercial

Risk Management

Compliance

Relevant Roles

Project Manager

Construction Manager

Legal Counsel

Contract Administrator

Property Developer

Site Manager

Finance Director

Commercial Director

Operations Manager

Procurement Manager

Real Estate Manager

Development Director

Construction Supervisor

Chief Financial Officer

General Counsel

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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