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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."
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
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
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
Construction
Real Estate Development
Infrastructure Development
Commercial Property
Residential Development
Industrial Construction
Mining
Energy
Public Works
Healthcare Construction
Educational Facilities
Retail Development
Legal
Finance
Operations
Project Management
Construction Management
Contract Administration
Risk Management
Procurement
Commercial
Compliance
Development
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
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