Subcontractor Release And Waiver Of Liability Form Template for England and Wales

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Key Requirements PROMPT example:

Subcontractor Release And Waiver Of Liability Form

"I need a Subcontractor Release And Waiver Of Liability Form for our construction project in Manchester, where we need to release a mechanical engineering subcontractor who completed their work on March 15, 2025, with specific provisions for protecting our intellectual property rights."

Document background
The Subcontractor Release And Waiver Of Liability Form is essential when concluding business relationships between contractors and subcontractors under English and Welsh law. It's typically used upon project completion or contract termination to provide clarity and finality regarding potential claims and liabilities. The document ensures that both parties have a clear understanding of their rights and obligations, protecting the main contractor from future claims while confirming that the subcontractor has received all due compensation.
Suggested Sections

1. Parties: Identification and details of the contractor and subcontractor

2. Background: Context of the subcontractor relationship and reason for the release and waiver

3. Definitions: Key terms used throughout the document including 'Claims', 'Project', 'Services', 'Release Date'

4. Release Provisions: Detailed terms of the release including scope of claims being waived and released

5. Consideration: Details of payment or other consideration provided in exchange for the release

6. Warranties and Representations: Confirmations about authority to enter agreement and understanding of its implications

7. Governing Law: Specification of English and Welsh law as governing law and jurisdiction

Optional Sections

1. Confidentiality: Terms regarding ongoing confidentiality obligations and handling of sensitive information

2. Non-disparagement: Mutual agreement not to make negative statements about the other party

3. Future Cooperation: Terms covering any ongoing obligations or future cooperation requirements

4. Insurance Provisions: Specific terms regarding insurance requirements and ongoing coverage

5. Severability: Clause ensuring remainder of agreement remains valid if any part is found unenforceable

Suggested Schedules

1. Schedule 1 - Released Claims: Detailed list of specific claims being released and waived

2. Schedule 2 - Project Details: Details of the project(s) or work covered by the release

3. Schedule 3 - Payment Schedule: Details of any final payments or consideration being provided

4. Schedule 4 - List of Tools and Equipment: Inventory of any tools, equipment, or materials being returned 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 Industries
Relevant Teams
Relevant Roles
Industries

Contracts (Rights of Third Parties) Act 1999: Key legislation governing how third parties may enforce terms of a contract, relevant for subcontractor relationships and liability chains

Unfair Contract Terms Act 1977: Regulates exclusion clauses and ensures waivers are reasonable, particularly important for liability exclusions in subcontractor agreements

Housing Grants, Construction and Regeneration Act 1996: Governs construction contracts and payment provisions in the UK construction industry

Construction (Design and Management) Regulations 2015: Sets out health and safety requirements for construction projects, including responsibilities of different parties

Employment Rights Act 1996: Defines basic employment rights and helps distinguish between employees and subcontractors

IR35 Legislation: Tax legislation affecting contractors and subcontractors, determining employment status for tax purposes

Health and Safety at Work etc. Act 1974: Primary legislation for workplace health and safety, cannot be fully waived in subcontractor agreements

Management of Health and Safety at Work Regulations 1999: Details specific health and safety management requirements that affect subcontractor responsibilities

The Limitation Act 1980: Sets time limits for various types of legal claims, relevant for defining waiver periods

Employers' Liability (Compulsory Insurance) Act 1969: Mandates insurance requirements, including coverage for subcontractors in certain circumstances

UK GDPR and Data Protection Act 2018: Governs handling of personal data, relevant when subcontractor agreements involve data processing

Building Regulations 2010: Sets standards for construction work that subcontractors must comply with, cannot be waived

The Late Payment of Commercial Debts (Interest) Act 1998: Governs payment terms and interest on late payments in commercial contracts

The Working Time Regulations 1998: Regulates working hours and rest periods, may apply to subcontractors depending on their status

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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