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Unconditional Waiver And Release On Final Payment
"I need an Unconditional Waiver and Release on Final Payment for a residential development project in Kuala Lumpur, where our company will receive final payment of RM 2.5 million in March 2025 as the main contractor, and we need to ensure all subcontractor claims are properly addressed."
1. Parties: Identifies all parties to the waiver, including the releasing party (typically contractor/subcontractor) and the released party (typically owner/contractor)
2. Background: Brief context about the project, original contract, and the circumstances leading to final payment
3. Definitions: Key terms used in the document, including 'Final Payment', 'Project', 'Contract', and 'Claims'
4. Acknowledgment of Receipt: Confirmation of receipt of the final payment amount, including the specific sum received
5. Waiver and Release: Core section detailing the unconditional waiver of all rights, claims, and liens upon receipt of payment
6. Scope of Release: Detailed description of what rights, claims, and demands are being waived and released
7. Representations and Warranties: Confirming that all subcontractors and suppliers have been paid and no outstanding claims exist
8. Governing Law: Specifies that Malaysian law governs the waiver and release
1. Exceptions to Release: Used when certain claims or rights need to be specifically preserved or excluded from the waiver
2. Conditional Provisions: Include when certain aspects of the release are contingent on specific future events or conditions
3. Dispute Resolution: Added when parties want to specify particular dispute resolution mechanisms for any conflicts arising from the waiver
4. Indemnification: Include when additional indemnification provisions are required beyond the basic release
5. Severability: Optional clause stating that if any provision is found invalid, others remain enforceable
1. Schedule A - Project Details: Detailed description of the project, including location, scope, and relevant contract numbers
2. Schedule B - Payment Details: Breakdown of the final payment amount and confirmation of previous payments received
3. Schedule C - Subcontractor Releases: Copies of releases from subcontractors and suppliers (if applicable)
4. Appendix 1 - Original Contract Reference: Summary or extract of relevant portions of the original contract being closed out
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Development
Residential Development
Engineering
Architecture
Project Management
Facilities Management
Legal
Finance
Operations
Commercial
Project Management
Contract Administration
Risk Management
Construction Management
Development
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Chief Financial Officer
Quantity Surveyor
Project Director
Finance Manager
Commercial Director
Operations Director
Claims Manager
Risk Manager
Development Manager
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