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Conditional Waiver And Release Form Template for Saudi Arabia

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Key Requirements PROMPT example:

Conditional Waiver And Release Form

"I need a Conditional Waiver and Release Form for a large-scale construction project in Riyadh, where we are the general contractor releasing claims up to the March 2025 progress payment of SAR 5 million, but want to preserve our rights for disputed variations."

Document background
The Conditional Waiver And Release Form is a crucial document in Saudi Arabian construction and development projects, used when one party wishes to obtain a release of claims from another party, contingent upon specific conditions being met. This document is commonly used in progress payment situations where contractors, subcontractors, or suppliers waive their rights to claims for work completed up to a certain date, conditional upon receiving specified payment. Under Saudi Arabian law, which combines Sharia principles with modern commercial regulations, these forms must be carefully drafted to ensure enforceability and compliance with local legal requirements. The document typically includes details of the parties involved, project information, payment amounts, and specific conditions that must be met for the waiver to become effective. It's particularly important in large-scale construction projects where multiple parties are involved and progressive payments are common.
Suggested Sections

1. Identification of Parties: Full legal names and details of the party giving the waiver (typically contractor/subcontractor) and the party receiving it (typically owner/general contractor)

2. Recitals: Background information including project details, original contract reference, and context for the waiver

3. Definitions: Key terms used in the document including 'Progress Payment', 'Conditional Waiver', 'Claims', etc.

4. Conditional Payment Amount: Specific amount of payment that triggers the waiver and release

5. Scope of Release: Detailed description of what claims, rights, or liens are being waived upon satisfaction of conditions

6. Conditions Precedent: Clear statement of conditions that must be met for the waiver to become effective

7. Reservation of Rights: Statement of rights retained by the waiving party, including claims for retention, pending modifications, and disputed claims

8. Certification: Declaratory statement confirming the truth of all statements made in the document

9. Execution: Signature blocks and formal execution requirements

Optional Sections

1. Progress Payment Details: Detailed breakdown of the progress payment when the waiver relates to a specific progress payment

2. Disputed Claims: Section listing any disputed claims being explicitly excluded from the waiver, used when there are ongoing disputes

3. Additional Security: Provisions for additional security or guarantees, used in high-value transactions

4. Governing Law and Jurisdiction: While Saudi law applies by default, this section can specify particular courts or dispute resolution mechanisms

5. Language Provision: Required when document is bilingual Arabic/English, specifying which version prevails

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including any retention amounts

2. Schedule B - Project Information: Comprehensive details about the project including location, contract numbers, and relevant dates

3. Schedule C - Outstanding Claims List: List of any claims or rights specifically excluded from the waiver

4. Appendix 1 - Required Documents: List of supporting documents required for the waiver to be effective

5. Appendix 2 - Authorization Evidence: Corporate or other authorization evidence for signatories, if required

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

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Relevant Industries

Construction

Real Estate Development

Infrastructure

Oil and Gas

Manufacturing

Engineering Services

Public Works

Commercial Development

Industrial Development

Utilities

Relevant Teams

Legal

Finance

Procurement

Operations

Project Management

Contract Administration

Risk Management

Compliance

Commercial

Construction Management

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Procurement Manager

Site Supervisor

Claims Manager

Commercial Director

Operations Manager

Risk Manager

Project Control Manager

Financial Controller

General Counsel

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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