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Conditional Waiver And Release On Final Payment
"I need a Conditional Waiver and Release on Final Payment document for a Hong Kong residential development project, where we're the main contractor releasing claims against the developer upon receipt of final payment of HKD 15 million, with specific exclusions for pending insurance claims."
1. Identification of Parties: Names and details of the party giving the release (typically contractor/subcontractor) and the party being released (typically owner/general contractor)
2. Project Information: Details of the construction project including project name, location, and contract reference numbers
3. Definitions: Key terms used in the document, including 'Final Payment', 'Conditional Release', 'Payment Period', and other relevant terms
4. Amount of Final Payment: Specific statement of the final payment amount that triggers the release
5. Scope of Release: Detailed description of what claims, rights, and liens are being released upon satisfaction of conditions
6. Payment Conditions: Clear statement of conditions that must be met for the release to become effective, primarily the receipt and clearance of final payment
7. Exceptions and Reservations: Any specific claims or rights that are explicitly not being released
8. Representations and Warranties: Statements confirming authority to execute the release and that no claims have been assigned to others
9. Governing Law: Specification that Hong Kong law governs the document
1. Disputed Claims: Section to identify any disputed claims that are specifically excluded from the release, used when there are ongoing disputes
2. Lower-tier Releases: Provisions regarding releases from subcontractors and suppliers, used when dealing with multiple tiers of contractors
3. Retention Release: Specific provisions about the release of retention money, used when retention is part of the final payment
4. Progress Payment Reconciliation: Section reconciling all previous progress payments, used in complex projects with multiple payment phases
5. Insurance Claims: Provisions regarding pending or potential insurance claims, used when there are outstanding insurance matters
1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including any adjustments, deductions, or additions
2. Schedule B - List of Contract Documents: Reference list of all relevant contract documents covered by the release
3. Schedule C - Outstanding Claims List: List of any specifically excluded or reserved claims
4. Appendix 1 - Supporting Documents: Copies of relevant payment certificates, completion certificates, or other supporting documentation
5. Appendix 2 - Lower-tier Releases: Copies of releases from subcontractors and suppliers (if applicable)
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Development
Public Works
Urban Development
Building Services
Engineering Services
Legal
Finance
Commercial
Operations
Project Management
Contract Administration
Procurement
Risk Management
Claims Management
Document Control
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Quantity Surveyor
Commercial Director
Finance Manager
Project Director
Claims Manager
Construction Lawyer
Procurement Manager
Chief Financial Officer
Operations Director
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