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Conditional Waiver And Release On Progress Payment
"I need a Conditional Waiver and Release on Progress Payment under German law for a €2.5M progress payment to our subcontractor for Phase 2 of the Berlin commercial development project, with specific provisions for protecting our rights regarding any defects discovered after payment."
1. Parties: Identification of the contracting parties - the party making the waiver (typically contractor/subcontractor) and the party receiving the waiver (typically owner/general contractor)
2. Background: Description of the underlying construction project, original contract, and context for the progress payment
3. Definitions: Key terms including 'Progress Payment', 'Effective Date', 'Project', 'Claims', and other relevant terminology
4. Progress Payment Details: Specification of the progress payment amount, payment period, and invoice references
5. Conditional Waiver Provisions: Core waiver language and conditions precedent for the waiver becoming effective, typically receipt of payment
6. Scope of Waiver: Detailed description of claims and rights being waived, specifically limited to the progress payment period
7. Exceptions and Reservations: Claims and rights specifically excluded from the waiver, including retention amounts and unbilled work
8. Representations and Warranties: Confirmations regarding payment to subcontractors and suppliers, and authority to execute the waiver
9. Execution: Signature blocks and formal execution requirements under German law
1. Lower-tier Certifications: Required when the waiving party needs to certify payments to subcontractors and suppliers
2. Supporting Documentation: Section referencing attached payment documentation, needed when detailed payment reconciliation is required
3. Notarization Provisions: Required when parties want additional authentication or when local requirements demand notarization
4. Translation Provisions: Needed when the document is bilingual or when international parties are involved
5. Special Payment Instructions: Include when specific payment routing or handling instructions are necessary
1. Schedule A - Payment Details: Detailed breakdown of the progress payment amount, including relevant invoices and payment period
2. Schedule B - Project Description: Detailed description of the project and relevant contract references
3. Schedule C - Subcontractor List: List of subcontractors and suppliers covered by the waiver, if applicable
4. Appendix 1 - Form of Payment Confirmation: Standard form for confirming receipt of payment, triggering waiver effectiveness
5. Appendix 2 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation
Authors
Claimant
Effective Date
Mechanics Lien
Progress Payment
Project
Property
Through Date
Payment Period
Contract Price
Contract Documents
Extra Work
Principal
Progress Payment Amount
Waiver and Release
Conditional Upon Payment
Contract Work
Construction Site
Payment Application
Retained Amount
Security Rights
Subcontractor Claims
Supplier Claims
Payment Confirmation
Invoice Reference
Project Site
Construction Contract
Work Performed
Outstanding Claims
Payment Terms
Werkvertrag
Bauhandwerkersicherung
Sicherungsrechte
Bauleistungen
Zahlungsanspruch
Werkleistungen
Recitals
Definitions
Payment Acknowledgment
Conditional Release
Scope of Release
Payment Terms
Exceptions and Reservations
Representations and Warranties
Subcontractor Rights
Security Interests
Claims Release
Conditions Precedent
Payment Confirmation
Documentation Requirements
Governing Law
Execution
Notarization
Notices
Severability
Further Assurances
Entire Agreement
Amendment
Assignment
Successors and Assigns
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Energy Infrastructure
Transportation Infrastructure
Healthcare Facilities
Legal
Finance
Construction Operations
Project Management
Contract Administration
Procurement
Risk Management
Accounts Payable
Commercial Operations
Document Control
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Finance Director
Site Supervisor
Procurement Manager
Claims Manager
Commercial Director
Chief Financial Officer
Construction Director
Accounts Payable Manager
Project Controller
Risk Manager
Documentation Specialist
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