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Conditional Waiver And Release On Progress Payment
"I need a Conditional Waiver and Release on Progress Payment for a residential construction project in Mumbai, where I'm the general contractor receiving a ₹50 lakh progress payment from the developer, and I need to ensure all my subcontractors' rights are properly addressed."
1. Parties: Identifies and defines all parties to the waiver, including the party giving the waiver (typically contractor/subcontractor) and the party receiving it (typically owner/general contractor)
2. Background: Brief context about the underlying contract, project details, and the progress payment that is the subject of this waiver
3. Definitions: Defines key terms used in the document, including 'Progress Payment', 'Project', 'Waiver Date', and other relevant terms
4. Progress Payment Details: Specifies the amount of the progress payment, payment period covered, and payment date
5. Conditional Waiver Statement: The core waiver language that becomes effective upon receipt of the specified payment, including release of liens and claims up to a specified date
6. Exceptions and Reservations: Lists specific claims or rights that are not waived, such as disputed claims, retained amounts, or pending change orders
7. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors and suppliers have been paid
8. Execution: Signature blocks and execution requirements
1. Disputed Claims: Include when there are specific disputed claims that need to be explicitly preserved despite the waiver
2. Lower-tier Certifications: Include when requiring certification that all lower-tier contractors and suppliers have been paid
3. Notarization Requirements: Include when the document needs to be notarized based on project requirements or local law
4. Governing Law and Jurisdiction: Include when the project involves multiple states or when specific jurisdiction needs to be established
5. Previous Payments Acknowledgment: Include when needing to confirm receipt of all previous payments up to a certain date
1. Schedule A - Project Details: Detailed description of the project, including location, scope, and contract reference numbers
2. Schedule B - Payment Details: Breakdown of the progress payment amount, including any adjustments or deductions
3. Schedule C - Outstanding Change Orders: List of pending or approved change orders not covered by this waiver
4. Appendix 1 - Supporting Documents: Copies of relevant documents such as payment applications or certificates
5. Appendix 2 - List of Subcontractors: List of all subcontractors and suppliers covered by this waiver, if applicable
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Engineering
Architecture
Project Management
Manufacturing
Legal
Finance
Operations
Project Management
Construction
Procurement
Commercial
Risk Management
Contract Administration
Accounts Payable
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Finance Director
Chief Financial Officer
Project Director
Site Supervisor
Procurement Manager
Commercial Director
Operations Manager
Construction Site Manager
Quantity Surveyor
Claims Manager
Risk Manager
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