Final Payment Agreement Template for Australia

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Key Requirements PROMPT example:

Final Payment Agreement

"I need a Final Payment Agreement for a completed office renovation project worth $850,000, where we need to include a 12-month defects liability period starting March 2025 and release of retention funds upon expiry of this period."

Document background
The Final Payment Agreement is a critical document used in Australian business and construction contexts to formally conclude financial obligations between contracting parties. It is typically executed when a project or service delivery reaches completion and all parties are ready to settle final accounts. The agreement serves multiple purposes: it documents the agreed final payment amount, acknowledges the completion of works or services, provides for mutual releases, and addresses any outstanding obligations or warranty periods. The document must comply with Australian contract law and relevant state-specific legislation, particularly regarding security of payments, fair trading, and consumer protection. It's essential for risk management and provides a clear audit trail for accounting and legal purposes. The Final Payment Agreement often represents the final step in contract administration and is crucial for formal project closure.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses

2. Background: Outlines the context of the agreement, referring to the original contract or project and circumstances leading to final payment

3. Definitions: Defines key terms used throughout the agreement

4. Final Payment Amount: Specifies the agreed final payment amount, including any adjustments, variations, or retentions

5. Payment Terms: Details the method, timing, and conditions of the final payment

6. Release and Discharge: Mutual release of claims and obligations upon payment, except for specified retained rights

7. Outstanding Works: Lists any remaining work items or obligations to be completed

8. Warranties: Confirms ongoing warranty obligations that survive final payment

9. Governing Law: Specifies the governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Defects Liability: Include when there's an ongoing defects liability period after final payment

2. Third Party Claims: Include when addressing potential third-party claims or obligations

3. Tax Provisions: Include when specific tax treatments or obligations need to be addressed

4. Confidentiality: Include when specific confidentiality obligations need to survive final payment

5. Dispute Resolution: Include when specific dispute resolution mechanisms need to be established

6. Insurance: Include when insurance obligations continue post-final payment

7. Security Release: Include when there are bank guarantees or other securities to be released

Suggested Schedules

1. Payment Calculation Schedule: Detailed breakdown of the final payment amount, including variations and adjustments

2. Outstanding Works Schedule: Detailed list of any remaining works or obligations to be completed

3. Original Contract Reference: Summary or extract of relevant terms from the original contract

4. Release Deed: Form of mutual release and discharge

5. Statutory Declaration: Declaration confirming payment of subcontractors and compliance with obligations

6. Security Details: Details of any securities to be released or retained

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 legal definitions
Relevant Industries

Construction

Infrastructure

Property Development

Mining

Engineering

Professional Services

Information Technology

Manufacturing

Telecommunications

Energy and Resources

Relevant Teams

Legal

Finance

Commercial

Operations

Project Management

Contract Administration

Procurement

Risk Management

Accounts Payable

Construction

Relevant Roles

Contract Administrator

Project Manager

Commercial Manager

Construction Manager

Quantity Surveyor

Finance Manager

Legal Counsel

Chief Financial Officer

Operations Manager

Procurement Manager

Account Manager

Project Director

Claims Manager

Risk Manager

Contracts Manager

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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