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Conditional Waiver And Release On Final Payment Template for Hong Kong

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Key Requirements PROMPT example:

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."

Document background
The Conditional Waiver and Release on Final Payment is a standard document used in Hong Kong's construction and development industry to facilitate the final payment process while protecting the interests of all parties involved. This document is typically used at the completion of a construction project or major project phase when final payment is due to be made. It serves as a formal mechanism to release claims and liens conditionally upon receipt of final payment, providing certainty to the paying party while ensuring the receiving party's rights are protected until payment is received and cleared. The document must comply with Hong Kong's legal framework and construction industry practices, including relevant ordinances and common law principles. It's particularly important in large-scale construction projects where multiple contractors and subcontractors are involved, helping to create a clear chain of releases and ensuring proper project closure.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Property

Industrial Development

Public Works

Urban Development

Building Services

Engineering Services

Relevant Teams

Legal

Finance

Commercial

Operations

Project Management

Contract Administration

Procurement

Risk Management

Claims Management

Document Control

Relevant Roles

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

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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