Construction Waiver Release Form Template for England and Wales

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Key Requirements PROMPT example:

Construction Waiver Release Form

"I need a Construction Waiver Release Form for a residential development project in Manchester where our main contractor has completed Phase 1 of the works and we need to release their retention payment for March 2025, while maintaining our rights for ongoing warranty claims."

Document background
The Construction Waiver Release Form is essential in construction projects throughout England and Wales where parties need to formalize the waiver of certain rights or claims. This document is commonly used when completing phases of construction work, releasing retention monies, or finalizing project completion. It must comply with UK construction regulations and cannot exclude liability for death or personal injury. The form typically includes details of the specific rights being waived, acknowledgment of completion of works, and confirmation that all parties understand the implications of the waiver.
Suggested Sections

1. Parties: Identification of all parties involved in the waiver, including the party providing the release and the party being released

2. Background: Context of the construction project, nature of works, and reason for the waiver

3. Definitions: Key terms used throughout the document including 'Works', 'Project', 'Site', and relevant technical terms

4. Scope of Waiver: Detailed description of rights being waived and extent of the release, including specific claims being waived

5. Acknowledgment of Understanding: Confirmation that signatory understands the implications of the waiver and has had opportunity to seek legal advice

6. Execution: Signature blocks, witness requirements, and execution formalities

Optional Sections

1. Insurance Provisions: Details of insurance coverage and requirements, used when specific insurance arrangements need to be documented

2. Third Party Rights: Provisions regarding rights of third parties affected by the waiver, used when third parties might have interests in the project

3. Dispute Resolution: Process for resolving disputes, included for complex projects or high-value works

Suggested Schedules

1. Schedule of Works: Detailed description of construction works covered by the waiver

2. Site Plans: Relevant drawings or plans of the construction site and affected areas

3. Risk Assessment: Documentation of identified risks and mitigation measures

4. Insurance Certificates: Copies of relevant insurance documentation and certificates

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

Industries

CDM Regulations 2015: Construction (Design and Management) Regulations 2015 - Key legislation governing construction project management, health, safety and welfare

Building Act 1984: Primary legislation for building works and construction standards in England and Wales

Building Regulations 2010: Detailed technical requirements for construction and building work

Unfair Contract Terms Act 1977: Legislation controlling the use and enforceability of exclusion clauses and limiting terms in contracts

Consumer Rights Act 2015: Legislation protecting consumer rights in contracts, relevant if the waiver involves individual consumers

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety, establishing key responsibilities

Management of Health and Safety at Work Regulations 1999: Regulations detailing specific health and safety management requirements

Occupiers Liability Act 1957: Law governing duty of care to lawful visitors on premises

Occupiers Liability Act 1984: Law governing duty of care to trespassers on premises

Limitation Act 1980: Legislation setting time limits for bringing legal claims

Construction Industry Council Guidelines: Professional standards and best practices for the construction industry

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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