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Conditional Waiver And Release On Progress Payment Template for England and Wales

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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 a £500,000 payment to our main contractor for Phase 2 of our London office development, with specific reservations for disputed variations worth £50,000 that we're still negotiating."

Document background
The Conditional Waiver And Release On Progress Payment is commonly used in construction and development projects in England and Wales where staged payments are involved. It provides a mechanism for contractors and subcontractors to waive their rights to claim against the property or project owner, but only once they have received the specified progress payment. This document helps maintain cash flow while protecting all parties' interests, ensuring that rights are only released upon actual receipt of payment. It typically includes details of the payment amount, the scope of work covered, and any specific exceptions or reservations.
Suggested Sections

1. Parties: Identification of the parties involved in the waiver agreement

2. Background: Context of the underlying contract and payment situation

3. Definitions: Key terms used in the document including payment amount, contract, and project details

4. Payment Details: Specific information about the progress payment being addressed including amount and payment period

5. Conditional Waiver Statement: The actual waiver language and conditions precedent for the waiver to become effective

6. Reserved Rights: Rights specifically preserved despite the waiver, including retention amounts and unresolved claims

7. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Through-Date Statement: Specific date through which the waiver applies, used when waiver needs to be limited to a specific time period

2. Exceptions to Waiver: Specific claims or rights excluded from the waiver, used when certain claims need to be preserved

3. Representations and Warranties: Additional assurances from the waiving party regarding authority, ownership of claims, and absence of assignments

Suggested Schedules

1. Schedule of Payment Details: Detailed breakdown of the progress payment amount and calculation methodology

2. Schedule of Outstanding Claims: List of any preserved claims or disputed amounts not covered by the waiver

3. Supporting Documentation: Relevant payment certificates, applications, or other documentation evidencing the progress payment

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

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Relevant Industries
Relevant Teams
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Industries

Housing Grants, Construction and Regeneration Act 1996 (HGCRA): Primary legislation governing construction contracts in England and Wales. Contains crucial provisions about payment mechanisms and rights to suspend performance for non-payment. Essential for structuring payment-related waivers.

Late Payment of Commercial Debts (Interest) Act 1998: Regulates payment terms and interest on late payments in commercial transactions. Affects how payment rights can be waived and what interest provisions must be considered in the waiver document.

Contracts (Rights of Third Parties) Act 1999: Governs how contracts can affect rights of third parties. Particularly relevant when the waiver might impact subcontractors' or suppliers' rights.

Common Law Principles: Fundamental legal principles including consideration doctrine, waiver and estoppel, and privity of contract. These form the basis of contract enforceability in English law.

Construction Act 2009: Key amendments to construction legislation, particularly updating payment provisions and procedures that must be reflected in any waiver document.

Local Democracy, Economic Development and Construction Act 2009: Modified aspects of the HGCRA and updated payment provisions in construction contracts. Important for ensuring the waiver aligns with current construction contract requirements.

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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