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Conditional Waiver And Release On Final Payment Form Template for South Africa

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Key Requirements PROMPT example:

Conditional Waiver And Release On Final Payment Form

"I need a Conditional Waiver and Release on Final Payment Form for a commercial construction project in Cape Town, with a final payment amount of R15.2 million, involving multiple subcontractors, to be executed by March 2025, with specific provisions for outstanding retention amounts."

Document background
The Conditional Waiver And Release On Final Payment Form is a critical document in South African construction and development projects, typically used at the conclusion of construction work or service delivery. It serves as a legal mechanism to protect both the paying party and the party receiving payment by clearly establishing that all claims, liens, and rights related to the project are waived, but only upon receipt of the specified final payment. This document is particularly important in South African jurisdiction where construction law combines elements of common law with statutory requirements. It includes detailed information about the parties involved, project specifications, payment amounts, and any specific conditions or exceptions to the release. The form is designed to comply with South African construction industry regulations and practices, while providing clear documentation of the final payment arrangement and associated release of claims.
Suggested Sections

1. Parties: Identification of the Claimant (contractor/subcontractor/supplier) and the Paying Party (owner/contractor), including their full legal names, registration numbers, and addresses

2. Background: Brief context of the construction project, reference to the original contract, and the basis for the final payment claim

3. Definitions: Key terms used in the document including 'Final Payment', 'Project', 'Contract', 'Conditional Waiver', and other relevant terms

4. Project Information: Details of the construction project including project name, location, and reference numbers

5. Payment Amount: Specification of the final payment amount and any previous payments made

6. Conditional Waiver Statement: The core waiver language stating that rights are waived only upon receipt of the specified payment

7. Exceptions and Reservations: Any claims or rights specifically excluded from the waiver

8. Representations and Warranties: Claimant's confirmation regarding payment to subcontractors and suppliers, and authority to execute the waiver

9. Execution: Signature blocks, date, and notarization requirements

Optional Sections

1. Disputed Claims: Section to be included if there are any disputed amounts or claims that are specifically excluded from the waiver

2. Progress Payment Reconciliation: To be included if there is a need to reconcile previous progress payments with the final payment

3. Subcontractor Certification: Additional section required when the claimant needs to certify that all subcontractors and suppliers have been or will be paid

4. Insurance Claims: Section to be included if there are pending insurance claims related to the project

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including any adjustments or deductions

2. Schedule B - Project Scope: Description of completed work covered by the waiver

3. Appendix 1 - Supporting Documents: List of relevant supporting documents such as invoice copies or completion certificates

4. Appendix 2 - Subcontractor Releases: Copies of releases obtained 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

Relevant legal definitions





























Clauses




















Relevant Industries

Construction

Real Estate Development

Infrastructure Development

Commercial Property

Residential Development

Industrial Construction

Mining

Energy

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Relevant Teams

Legal

Finance

Operations

Project Management

Construction Management

Contract Administration

Risk Management

Procurement

Commercial

Compliance

Development

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Legal Counsel

Quantity Surveyor

Financial Manager

Operations Director

Site Manager

Procurement Manager

Claims Manager

Commercial Director

Development Manager

Risk Manager

Compliance Officer

Chief Financial 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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