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Subcontractor Release And Waiver Of Liability Form for Philippines

Subcontractor Release And Waiver Of Liability Form Template for Philippines

This document serves as a legal instrument under Philippine law where a subcontractor formally releases and waives their right to make any future claims against the principal contractor and/or project owner regarding work performed, payments received, or other related matters. It complies with the Civil Code of the Philippines and relevant construction industry regulations, providing protection against future liability claims while ensuring all parties' rights are properly documented and preserved. The form includes detailed acknowledgments of payments received, scope of release, and representations about the absence of outstanding claims or liens.

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What is a Subcontractor Release And Waiver Of Liability Form?

The Subcontractor Release And Waiver Of Liability Form is a critical document used in Philippine construction and development projects when a subcontractor's work is completed or at specific project milestones. It serves as formal documentation that the subcontractor has received all due payments and waives any future claims related to the completed work. This document is particularly important in the Philippine context, where construction laws require clear documentation of liability releases and payment acknowledgments. It helps protect principal contractors and project owners from future claims while providing subcontractors with a formal process for closing out their project obligations. The form typically accompanies final payments and is often required before releasing retention amounts or final payments to subcontractors.

What sections should be included in a Subcontractor Release And Waiver Of Liability Form?

1. Parties: Identification of the Principal Contractor and Subcontractor, including complete legal names and addresses

2. Background: Brief description of the project, subcontract work performed, and context for the release

3. Definitions: Key terms used in the document, including 'The Work', 'Claims', 'Liabilities', and 'Release Period'

4. Acknowledgment of Payment: Confirmation of payments received and amounts, if any, still outstanding

5. Scope of Release: Detailed description of what claims and liabilities are being released

6. Representations and Warranties: Subcontractor's confirmation that they have authority to give the release and that all claims are free from assignment

7. Indemnification: Subcontractor's agreement to indemnify the contractor against any future claims related to the released matters

8. Governing Law: Specification that Philippine law governs the agreement

9. Execution: Signature blocks and execution requirements

What sections are optional to include in a Subcontractor Release And Waiver Of Liability Form?

1. Lower-Tier Subcontractor Releases: Required when the subcontractor has engaged other subcontractors who need to provide releases

2. Conditional Release Provisions: Used when the release is conditional upon certain payments or actions being completed

3. Reservation of Rights: Included when certain specific claims or rights need to be preserved

4. Dispute Resolution: Added when specific dispute resolution procedures need to be established for any future disputes

5. Labor and Materials Payment Bond: Required when there are outstanding bond obligations that need to be addressed

6. Surviving Obligations: Used when certain obligations need to survive the release

What schedules should be included in a Subcontractor Release And Waiver Of Liability Form?

1. Schedule A - Project Details: Detailed description of the project and scope of work performed

2. Schedule B - Payment Details: Itemized list of payments received and any outstanding amounts

3. Schedule C - List of Claims Released: Specific enumeration of all claims being released

4. Schedule D - Lower-Tier Subcontractor Information: List of all lower-tier subcontractors and status of their releases

5. Appendix 1 - Supporting Documents: Copies of relevant certificates, permits, and other supporting documentation

6. Appendix 2 - Form of Lower-Tier Release: Template for releases to be obtained from lower-tier subcontractors

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Liability Waiver

Cost

Free to use
Relevant legal definitions
























Clauses




















Relevant Industries

Construction

Real Estate Development

Infrastructure

Mining

Industrial Development

Commercial Development

Residential Development

Engineering Services

Architecture and Design

Project Management Services

Relevant Teams

Legal

Construction Management

Project Management

Finance

Operations

Procurement

Risk Management

Compliance

Commercial

Contract Administration

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Risk Manager

Finance Director

Site Supervisor

Procurement Manager

Operations Manager

Commercial Director

Claims Manager

Compliance Officer

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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