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Construction Waiver Form Template for Germany

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Key Requirements PROMPT example:

Construction Waiver Form

"I need a Construction Waiver Form for a residential development project in Munich, where my general contractor will waive claims related to delays and additional costs for work completed up to March 15, 2025, but retaining rights for future phases of the project."

Document background
The Construction Waiver Form is a critical document in German construction projects used to formally document the voluntary relinquishment of specific rights or claims by one party in favor of another. It is typically employed during various phases of construction projects, from interim payment releases to project completion, when parties need to resolve potential claims or clarify liability positions. The document must strictly comply with German construction law requirements, including the German Civil Code (BGB), the Construction Contract Law of 2018, and VOB/B regulations where applicable. It serves as a risk management tool and often accompanies payment releases, change orders, or project completion documentation. The waiver form should clearly specify which rights are being waived, which are retained, and under what conditions the waiver applies, ensuring legal certainty for all parties involved.
Suggested Sections

1. Parties: Identification of the contractor/construction company and the party providing the waiver

2. Background: Context of the construction project and circumstances leading to the waiver

3. Definitions: Key terms used in the waiver form including 'Project', 'Works', 'Claims', 'Waiver Period'

4. Scope of Waiver: Detailed description of what rights, claims, or remedies are being waived

5. Representations and Warranties: Statements confirming the waiving party's understanding of the waiver and authority to execute it

6. Retained Rights: Explicit listing of any rights that are not being waived and are retained by the parties

7. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes

8. Execution: Signature blocks and execution requirements according to German law

Optional Sections

1. Consideration: Required if the waiver is given in exchange for payment or other consideration

2. Time Limitations: Include when the waiver applies to a specific time period or phase of construction

3. Third Party Rights: Include when the waiver affects rights of subcontractors or other third parties

4. Insurance Provisions: Include when the waiver affects insurance claims or coverage

5. Severability: Optional clause ensuring partial validity if certain provisions are found unenforceable

Suggested Schedules

1. Project Description: Detailed description of the construction project including location, scope, and specifications

2. List of Specific Claims Waived: Itemized list of specific claims or rights being waived

3. Related Agreements: List of relevant construction contracts or agreements affected by the waiver

4. Authorization Documents: Corporate resolutions or powers of attorney proving authority to execute the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




















Relevant Industries

Construction

Real Estate

Infrastructure Development

Commercial Property

Residential Development

Industrial Construction

Public Works

Architecture

Engineering

Urban Development

Relevant Teams

Legal

Construction Operations

Project Management

Risk Management

Procurement

Compliance

Contract Administration

Site Operations

Quality Assurance

Relevant Roles

Construction Project Manager

Contract Manager

Legal Counsel

Risk Manager

Construction Site Supervisor

Project Director

Claims Manager

Procurement Manager

Construction Operations Manager

Compliance Officer

Chief Legal Officer

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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