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Subcontractor Waiver And Release Form

Subcontractor Waiver And Release Form Template for Australia

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Key Requirements PROMPT example:

Subcontractor Waiver And Release Form

"I need a Subcontractor Waiver and Release Form for my construction project in Queensland, Australia, where I'm paying out the final payment to my electrical subcontractor in March 2025 and need to ensure they waive all future claims relating to the completed works."

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Document background
The Subcontractor Waiver And Release Form is a critical document in Australian construction and development projects, typically used upon completion of works or at significant project milestones. It serves as a formal acknowledgment that the subcontractor has received payment for their work and waives their rights to make future claims related to the completed scope. The document must comply with Australian security of payment legislation, which varies by state, and cannot waive certain statutory rights protected by federal law. It's particularly important in large-scale projects where multiple subcontractors are involved and clear documentation of payment and completion is essential for project closure and risk management.
Suggested Sections

1. Parties: Identifies the parties to the waiver, including the contractor and subcontractor, with their full legal names and addresses

2. Background: Describes the context of the subcontract work, reference to the main contract, and the purpose of the waiver

3. Definitions: Defines key terms used in the waiver, including 'Work', 'Project', 'Claims', and 'Payment'

4. Scope of Work Completed: Details the specific work or portion of work to which the waiver applies

5. Payment Acknowledgment: Confirms the amount received or to be received as consideration for the waiver

6. Waiver and Release: Core section detailing the rights, claims, and liens being waived by the subcontractor

7. Exceptions and Reservations: Specifies any rights or claims explicitly not waived or released

8. Representations and Warranties: Subcontractor's confirmation that they have authority to give the waiver and understand its implications

9. Governing Law: Specifies the jurisdiction and applicable law governing the waiver

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Lower-tier Subcontractor Confirmation: Include when the subcontractor has engaged other subcontractors, confirming all lower-tier payments have been made

2. Statutory Declaration: Include when required by state legislation or project requirements for formal declaration of payment receipt

3. Conditional/Unconditional Release: Alternative sections depending on whether the release is conditional upon receipt of payment or unconditional

4. Insurance Claims Waiver: Include when specifically waiving rights related to insurance claims or incidents

5. Intellectual Property Rights: Include when the subcontract work involves design, creative or technical innovations

6. Continuing Obligations: Include when certain obligations from the main subcontract should survive the waiver

Suggested Schedules

1. Schedule A - Payment Details: Itemized list of payments received and/or due, including dates and amounts

2. Schedule B - Scope of Completed Works: Detailed description of the completed work covered by the waiver

3. Schedule C - Outstanding Claims List: List of any specifically excluded or reserved claims not covered by the waiver

4. Appendix 1 - Supporting Documents: Copies of relevant certificates, completion notices, or payment receipts

5. Appendix 2 - Lower-tier Subcontractor Releases: Copies of releases obtained from any lower-tier subcontractors

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Claim
Completion Date
Contract Price
Contract Works
Head Contract
Lien
Payment
Principal
Project
Project Site
Release Date
Released Claims
Released Parties
Retentions
Security
Services
Subcontract
Subcontract Works
Subcontractor
Variations
Waiver
Work
Work Order
Payment Claim
Progress Payment
Reference Date
Practical Completion
Outstanding Claims
Statutory Rights
Related Entities
Lower-tier Subcontractors
Security of Payment Act
Supporting Documentation
Final Payment
Completion Certificate
Relevant Industries

Construction

Building and Development

Infrastructure

Mining

Engineering

Property Development

Commercial Fit-out

Industrial Construction

Residential Development

Energy and Resources

Telecommunications Infrastructure

Transport and Logistics

Relevant Teams

Legal

Procurement

Operations

Project Management

Commercial

Finance

Risk and Compliance

Construction Management

Contract Administration

Claims Management

Relevant Roles

Project Manager

Contract Administrator

Construction Manager

Legal Counsel

Commercial Manager

Procurement Manager

Site Manager

Project Director

Claims Manager

Risk Manager

Quantity Surveyor

Operations Manager

Compliance Officer

Finance Manager

Industries
Building and Construction Industry Security of Payment Act: State-based legislation (varies by state) that governs payment rights and adjudication processes in the construction industry. Any waiver must not contradict these statutory rights as they often cannot be contracted out of.
Work Health and Safety Act 2011 (Cth): Federal legislation that sets out workplace safety obligations. Certain safety rights and protections cannot be waived, so the release form must explicitly exclude these non-waivable rights.
Independent Contractors Act 2006 (Cth): Federal legislation protecting independent contractors' rights. The waiver must be constructed in compliance with this Act's provisions regarding unfair contracts.
Competition and Consumer Act 2010 (Schedule 2 - Australian Consumer Law): Contains provisions about unfair contract terms and consumer guarantees. The waiver must not contain unfair terms as defined under this legislation.
Contract Law (Common Law): Common law principles governing contract formation, including requirements for consideration, capacity, and consent. The waiver must meet these basic requirements to be enforceable.
Fair Work Act 2009 (Cth): While primarily focused on employees, certain provisions may apply to subcontractors who are deemed workers. The waiver must not attempt to exclude mandatory protections.
Personal Property Securities Act 2009 (Cth): Relevant if the waiver includes releasing security interests or rights related to personal property used in the subcontracting arrangement.
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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