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Conditional Waiver And Release On Progress Payment Form Template for India

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Key Requirements PROMPT example:

Conditional Waiver And Release On Progress Payment Form

"I need a Conditional Waiver and Release on Progress Payment Form for a commercial construction project in Mumbai, where our company is a subcontractor receiving a progress payment of ₹50 lakhs, with specific reservations for pending change orders and disputed claims to be included."

Document background
The Conditional Waiver And Release On Progress Payment Form is a crucial document in Indian construction and development projects, designed to facilitate the payment process while protecting the rights of all parties involved. It is typically used when a contractor, subcontractor, or supplier is receiving a progress payment but not the final payment for their work. The document waives lien rights and claims only up to the amount of the specified payment and only becomes effective when the payment is actually received and cleared. This form is particularly important in the Indian context where construction payments are governed by multiple regulations including the Indian Contract Act, 1872, and various construction industry-specific legislation. The document includes specific details about the project, payment amount, and scope of the waiver, ensuring clarity and legal compliance while facilitating smooth project progression.
Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers

2. Parties: Identification of the Claimant (party giving the waiver) and the Owner/Contractor (party receiving the waiver)

3. Payment Information: Specific details of the progress payment including amount, payment period, and any payment reference numbers

4. Waiver Statement: Clear statement of the rights being waived, specifically conditional upon receipt of the progress payment

5. Exceptions and Reservations: List of any rights or claims that are specifically reserved and not waived

6. Effective Date: Statement specifying when the waiver becomes effective (upon receipt of payment)

7. Signature Block: Space for authorized signatures, dates, and witness details as required under Indian law

Optional Sections

1. Through-Date Statement: Additional clause specifying the exact date through which the waiver applies, used when needed to limit the temporal scope of the waiver

2. Disputed Claims: Section listing any disputed claims or amounts, used when there are ongoing disputes that need to be documented

3. Additional Certifications: Extra certifications required by specific project requirements or local regulations

4. Notarization Block: Space for notary attestation, used when required by project specifications or local requirements

5. Previous Payments Received: Statement confirming receipt of previous payments, used in projects with multiple payment phases

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the progress payment amount including any applicable taxes and deductions

2. Schedule B - Project Scope: Description of work completed to date that is covered by this waiver

3. Appendix 1 - Supporting Documents: List of relevant supporting documents such as invoice numbers, payment applications, or work completion certificates

4. Appendix 2 - Authorized Signatories: List of persons authorized to execute the waiver on behalf of the Claimant, with proof of authority

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

Relevant legal definitions




























Clauses























Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Relevant Teams

Legal

Finance

Operations

Project Management

Procurement

Accounts Payable

Contract Administration

Risk Management

Construction Operations

Development

Relevant Roles

Construction Manager

Project Director

Contract Administrator

Legal Counsel

Finance Manager

Procurement Manager

Site Supervisor

Operations Director

Claims Manager

Development Manager

Construction Coordinator

Financial Controller

Project Accountant

Legal Operations 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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