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Conditional Waiver And Release On Progress Payment Template for India

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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 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."

Document background
The Conditional Waiver And Release On Progress Payment is a crucial document in Indian construction and development projects, designed to facilitate smooth payment processes while protecting all parties' interests. It is typically used when a contractor, subcontractor, or supplier receives a progress payment for work completed during a specific period. The document provides assurance to the paying party that once payment is received, the payee waives certain rights and claims up to the payment amount, while protecting the payee by making the waiver conditional upon actual receipt of payment. This document type is particularly important in large-scale construction projects where multiple parties are involved and progressive payments are standard practice. It helps maintain clear payment records, prevents double payments, and reduces payment-related disputes while complying with Indian contract law requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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































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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Engineering

Architecture

Project Management

Manufacturing

Relevant Teams

Legal

Finance

Operations

Project Management

Construction

Procurement

Commercial

Risk Management

Contract Administration

Accounts Payable

Relevant Roles

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

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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