Subcontractor Liability Waiver

Subcontractor Liability Waiver Template for Netherlands

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Key Requirements PROMPT example:

"I need a Subcontractor Liability Waiver for our Rotterdam construction project, where we're engaging multiple specialized contractors for a high-rise building development starting March 2025, with particular emphasis on safety protocols and chain liability provisions."

Document background

This document is essential in Dutch business relationships where work is subcontracted to third parties. The Subcontractor Liability Waiver serves to clearly define and limit the liability exposure between contracting parties while ensuring compliance with Dutch legal requirements. It is particularly crucial in high-risk industries or complex project environments where clear liability boundaries need to be established. The document takes into account specific Dutch legislation, including the Burgerlijk Wetboek (Dutch Civil Code) and the Wet Ketenaansprakelijkheid (Chain Liability Act), making it suitable for use in the Netherlands. It typically includes provisions for insurance requirements, safety protocols, and specific exclusions to the waiver, while addressing both direct liability and chain liability considerations.

Suggested Sections

1. Parties: Identification of the main contractor and subcontractor, including full legal names, registration numbers, and addresses

2. Background: Context of the relationship between parties and the purpose of the liability waiver

3. Definitions: Key terms used throughout the document, including 'Services', 'Project', 'Liability', and 'Claims'

4. Scope of Work: Description of the specific work or services covered by the liability waiver

5. Waiver of Liability: Core provisions detailing the extent and limitations of the liability waiver

6. Exceptions to Waiver: Circumstances under which the waiver does not apply (e.g., gross negligence, willful misconduct)

7. Insurance Requirements: Mandatory insurance coverage to be maintained by the subcontractor

8. Duration: Period during which the waiver remains effective

9. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

10. Signatures: Execution block for authorized representatives of both parties

Optional Sections

1. Indemnification: Additional provisions for mutual or one-way indemnification obligations, used when specific risks need to be allocated

2. Safety Protocols: Specific safety requirements and procedures, included when work involves hazardous activities or special safety considerations

3. Chain Liability Provisions: Specific provisions regarding wage tax and social security contributions, included when there are multiple levels of subcontractors

4. Dispute Resolution: Alternative dispute resolution procedures, included when parties prefer specific resolution methods beyond court proceedings

5. Language: Provisions regarding official language and translations, included when parties operate in multiple languages

6. Severability: Provisions for maintaining validity if parts are found unenforceable, included in more complex agreements

Suggested Schedules

1. Schedule A - Scope of Services: Detailed description of the specific work or services covered by the waiver

2. Schedule B - Insurance Certificates: Copies of required insurance policies and certificates

3. Schedule C - Project Details: Specific project information including location, timeline, and key deliverables

4. Appendix 1 - Safety Requirements: Detailed safety protocols and requirements applicable to the work

5. Appendix 2 - Contact Information: List of key personnel and emergency contacts

6. Appendix 3 - Related Agreements: References to main contract or other relevant agreements

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Engineering

Information Technology

Manufacturing

Energy

Infrastructure

Professional Services

Maritime

Real Estate Development

Industrial Services

Relevant Teams

Legal

Operations

Procurement

Risk Management

Compliance

Health & Safety

Commercial

Project Management

Contract Administration

Business Development

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Risk Manager

Operations Director

Procurement Manager

Construction Manager

Site Supervisor

Commercial Director

Compliance Officer

Health and Safety Manager

General Counsel

Business Development Manager

Project Director

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