The Final Waiver of Lien Form is a crucial document in Indonesian construction and development projects, used when a contractor, subcontractor, or supplier has completed their work and received full payment. This document operates within the framework of Indonesian civil law, particularly the Indonesian Civil Code (KUHPerdata) and Law No. 2 of 2017 on Construction Services. The form serves as a legal confirmation that all payments have been received and that the signing party surrenders any right to file a lien against the property. The Final Waiver of Lien Form typically includes detailed information about the project, parties involved, payment received, and explicit waiver language. It is particularly important in construction projects as it provides property owners and developers with assurance that no future claims will be made against the property for work completed or materials supplied.
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1. Party Identification: Full legal names and addresses of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (usually the property owner or general contractor)
2. Project Information: Details of the construction project including property address, project name, and any relevant permit numbers
3. Payment Acknowledgment: Statement acknowledging receipt of specified payment amount and that it represents full payment for all work performed
4. Waiver Declaration: Explicit statement waiving and releasing any and all lien rights related to the project
5. Prior Rights Affirmation: Confirmation that the waiving party had proper rights to file a lien and had authority to waive such rights
6. Scope of Waiver: Clear definition of what work, materials, or services are covered by the waiver
7. Execution Block: Signature lines, dates, and notary section for formal execution of the document
1. Conditional Waiver Clause: Used when the waiver is contingent upon receipt of final payment, stating the waiver only becomes effective upon receipt of specified payment
2. Reservation of Rights: Include when certain rights need to be preserved, such as retention amounts or pending change orders
3. Subcontractor Confirmation: Added when confirmation of payment to all subcontractors and suppliers is required
4. Warranty Preservation: Statement preserving warranty obligations when applicable
5. Insurance Claims Reservation: Used when potential insurance claims need to be preserved despite the lien waiver
1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed
2. Schedule B - Project Scope: Detailed description of all work, materials, and services covered by the waiver
3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation
4. Appendix 2 - Project Identification: Legal description of property and relevant project documentation
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