Conditional Waiver And Release On Progress Payment Template for Netherlands

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Key Requirements PROMPT example:

Conditional Waiver And Release On Progress Payment

"I need a Conditional Waiver and Release on Progress Payment for our Rotterdam office complex development project, covering a €2.5M progress payment to be made in March 2025, with specific provisions for retained amounts and subcontractor claims."

Document background
The Conditional Waiver And Release On Progress Payment is a crucial document in Dutch construction and development projects, used when partial payments are made during ongoing works. It provides a balanced mechanism where contractors, subcontractors, or suppliers can receive progress payments while project owners or general contractors obtain assurance against double payment or future claims for the same work. The document becomes effective only when the specified payment is received, adhering to Dutch Civil Code requirements and construction industry practices. It typically includes details of the payment amount, project information, and the scope of rights being waived, while preserving certain rights such as retention amounts or disputed claims. This document type is particularly important in the Netherlands where construction payment security and clear documentation of partial releases are essential for project risk management.
Suggested Sections

1. Parties: Identification of the party giving the waiver (typically contractor/subcontractor) and the party receiving it (typically owner/general contractor)

2. Background: Brief description of the project, reference to the main contract, and context of the progress payment

3. Definitions: Key terms used in the document including 'Progress Payment', 'Conditional Waiver', 'Project', etc.

4. Payment Amount and Details: Specific details of the progress payment including amount, payment period, and invoice references

5. Conditional Waiver Statement: Core waiver language stating that rights are waived only upon receipt of the specified payment

6. Scope of Waiver: Clear description of what rights are being waived and what rights are reserved

7. Conditions Precedent: Specific conditions that must be met for the waiver to become effective

8. Representations and Warranties: Statements confirming authority to execute the waiver and accuracy of payment details

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Through-Date Provisions: Used when the waiver needs to specify effectiveness through a specific date

2. Exceptions for Retention: Include when retention is being held back from the progress payment

3. Lower-tier Claims: Used when addressing potential claims from subcontractors or suppliers

4. Disputed Claims: Include when there are existing disputed claims that need to be preserved

5. Previous Payments Acknowledgment: Used when confirming receipt of all previous payments

6. Governing Law and Jurisdiction: Include when parties want to explicitly state Dutch law application and jurisdiction

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the progress payment amount, including any calculations or adjustments

2. Schedule B - Project Description: Detailed description of the project and work covered by the waiver

3. Appendix 1 - Original Contract Reference: Copy or extract of relevant portions of the original contract

4. Appendix 2 - Payment Application: Copy of the relevant payment application or invoice

5. Appendix 3 - Proof of Authority: Documentation proving authority of signatory when required

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

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Engineering

Architecture

Facilities Management

Relevant Teams

Legal

Finance

Construction Management

Project Management

Contract Administration

Procurement

Risk Management

Commercial Operations

Accounts Payable

Project Controls

Relevant Roles

Project Manager

Contract Manager

Construction Manager

Financial Controller

Legal Counsel

Quantity Surveyor

Site Supervisor

Procurement Manager

Claims Manager

Account Manager

Commercial Director

Finance Director

Project Administrator

Construction Administrator

Industries
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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