Subcontractor Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Subcontractor Liability Waiver

"I need a Subcontractor Liability Waiver for our IT infrastructure project, where we want to release our database management subcontractor from specific technical implementation risks while maintaining their responsibility for data security breaches, to be effective from March 2025."

Document background
The Subcontractor Liability Waiver is essential in projects where risk allocation needs to be clearly defined between contractors and subcontractors. This document, governed by English and Welsh law, is commonly used when a subcontractor's work involves specialized services or when the main contractor agrees to assume certain risks. It should clearly define which liabilities are being waived, maintain compliance with UK legislation, and include any necessary exceptions to the waiver. The document typically includes details about insurance requirements, duration of the waiver, and specific project references.
Suggested Sections

1. Parties: Identification of the contractor and subcontractor

2. Background: Context of the relationship and main contract reference

3. Definitions: Key terms used throughout the waiver

4. Scope of Waiver: Specific liabilities being waived

5. Exceptions to Waiver: Liabilities that cannot be legally waived

6. Duration: Time period for which the waiver is valid

7. Governing Law: Confirmation of applicable law and jurisdiction

Optional Sections

1. Insurance Requirements: Details of required insurance coverage when specific insurance requirements need to be maintained

2. Indemnification: Cross-indemnification provisions when reciprocal protection is required

3. Dispute Resolution: Specific procedures for resolving disputes when standard court proceedings are not preferred

Suggested Schedules

1. Schedule of Works: Detailed description of subcontractor's scope of work

2. Insurance Certificates: Copies of relevant insurance policies

3. Main Contract Extract: Relevant sections of the main contract being referenced

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

Unfair Contract Terms Act 1977 (UCTA): Key legislation governing exclusion clauses and liability limitations. Imposes restrictions on excluding or limiting liability, includes a reasonableness test for exclusion clauses, and specifically restricts the ability to exclude liability for death or personal injury.

Contracts (Rights of Third Parties) Act 1999: Governs how the liability waiver affects third-party rights and determines whether third parties can enforce terms of the contract.

Supply of Goods and Services Act 1982: Establishes standards for service provision and implied terms regarding quality of work that must be considered in the waiver context.

Construction Act 1996: If construction-related, this Act governs payment provisions and adjudication rights that cannot be entirely excluded in the waiver.

Common Law Principles: Fundamental legal principles including doctrine of privity of contract, consideration requirements, and principles of contractual interpretation that affect the waiver's validity.

Consumer Rights Act 2015: Relevant if any party could be classified as a consumer, imposing additional fairness requirements and restrictions on liability exclusions.

Health and Safety at Work Act 1974: Establishes statutory safety obligations that cannot be excluded through the waiver and imposes mandatory safety duties.

Limitation Act 1980: Sets time limits for bringing claims and prescription periods that should be considered in the waiver's terms.

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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