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Conditional Waiver And Release On Final Payment Form
"I need a Conditional Waiver and Release on Final Payment Form for our Sydney commercial construction project, where we're the principal contractor releasing final payment of AUD 2.5M to a major subcontractor, with specific provisions for retaining rights related to defect claims discovered within the next 12 months."
1. Parties: Identifies all parties to the waiver, including the claimant (contractor/supplier) and the party making the payment (owner/principal contractor)
2. Background: Brief context about the project, reference to the original contract, and the current payment status
3. Definitions: Key terms used in the document, including 'Final Payment', 'Project', 'Claims', and 'Effective Date'
4. Project Identification: Specific details of the project including location, contract reference numbers, and scope of works completed
5. Payment Amount: Statement of the final payment amount that triggers the release
6. Conditional Release Statement: The core waiver language that becomes effective upon receipt of final payment
7. Exceptions and Reservations: Any claims or rights specifically excluded from the release
8. Execution: Signature blocks and execution requirements for all parties
1. Disputed Claims: Section addressing any disputed amounts or claims, used when there are outstanding disputes at the time of final payment
2. Subcontractor Releases: Additional provisions requiring submission of releases from subcontractors, used when there are significant subcontracted works
3. Statutory Declaration: Declaration confirming payment of all workers and subcontractors, used when required by state legislation or contract terms
4. Insurance Claims: Provisions relating to outstanding or potential insurance claims, used when there are ongoing insurance matters
5. Retention Release: Specific provisions about the release of retention monies, used when retention has been held under the contract
1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including any adjustments or deductions
2. Schedule B - Project Scope Completion Checklist: Checklist confirming completion of all contracted works and deliverables
3. Schedule C - Outstanding Claims Register: Register of any excluded or reserved claims not covered by the release
4. Appendix 1 - Supporting Documents: Copies of relevant certificates, statutory declarations, or other supporting documentation
Authors
Claimant
Principal
Project
Works
Contract
Payment Claim
Progress Payment
Effective Date
Release Date
Waiver
Contract Price
Completion Date
Site
Outstanding Claims
Payment Schedule
Reference Date
Retention Amount
Security Interest
Excluded Claims
Related Entities
Contract Documents
Practical Completion
Defects Liability Period
Payment Certificate
Progress Claim
Project Works
Completion Certificate
Business Day
Authorized Representative
Project Details
Payment Terms
Conditional Release
Waiver of Rights
Reserved Claims
Payment Confirmation
Representations and Warranties
Governing Law
Execution
Notice Requirements
Dispute Resolution
Severability
Subcontractor Confirmation
Insurance Claims
Lien Release
Retention Release
Third Party Rights
Statutory Compliance
Further Assurance
Construction
Infrastructure
Property Development
Mining
Engineering
Commercial Real Estate
Industrial Development
Residential Development
Civil Works
Building Services
Legal
Finance
Commercial
Operations
Project Management
Procurement
Contract Administration
Risk Management
Accounts Payable
Construction Management
Project Manager
Contract Administrator
Construction Manager
Commercial Manager
Quantity Surveyor
Finance Director
Legal Counsel
Project Director
Claims Manager
Procurement Manager
Site Manager
Account Manager
Risk Manager
Operations Director
Chief Financial Officer
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