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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."
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
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
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
Application for Payment
Claimant
Conditional Waiver
Contract Documents
Extra Work
Mechanic's Lien
Payment Period
Progress Payment
Project
Project Site
Release Date
Retention
Through Date
Work Performed
Waiver and Release
Outstanding Claims
Payment Amount
Contract Price
Principal Contract
Beneficiary
Construction Work
Invoice
Payment Claim
Disputed Items
Security Rights
Additional Compensation
Contract Balance
Work Product
Supporting Documentation
Conditional Release
Waiver of Rights
Representations and Warranties
Payment Receipt
Retention Rights
Scope of Release
Reserved Claims
Conditions Precedent
Authority to Execute
Governing Law
Dispute Resolution
Notices
Severability
Entire Agreement
Amendment
Third Party Rights
Further Assurance
Counterparts
Effectiveness
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Public Works
Engineering
Architecture
Facilities Management
Legal
Finance
Construction Management
Project Management
Contract Administration
Procurement
Risk Management
Commercial Operations
Accounts Payable
Project Controls
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
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