Conditional Waiver And Release On Final Payment Form Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Conditional Waiver And Release On Final Payment Form is a crucial document used in Australian construction and development projects when parties are approaching the final payment stage of their contractual relationship. This document serves as a formal mechanism to protect both the paying party (typically the principal contractor or project owner) and the party receiving payment (such as subcontractors or suppliers) by clearly defining the terms under which payment claims are considered fully satisfied. It becomes particularly important in complex projects where multiple parties are involved and where significant sums are being transferred as final payment. The document must comply with state-specific security of payment legislation and typically includes details of the project, payment amount, any excluded claims, and specific conditions that must be met for the waiver to become effective. It's commonly used in conjunction with final payment applications and project completion documentation.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Construction

Infrastructure

Property Development

Mining

Engineering

Commercial Real Estate

Industrial Development

Residential Development

Civil Works

Building Services

Relevant Teams

Legal

Finance

Commercial

Operations

Project Management

Procurement

Contract Administration

Risk Management

Accounts Payable

Construction Management

Relevant Roles

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

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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