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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."
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
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
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
Construction
Real Estate Development
Infrastructure
Oil and Gas
Manufacturing
Engineering Services
Public Works
Commercial Development
Industrial Development
Utilities
Legal
Finance
Procurement
Operations
Project Management
Contract Administration
Risk Management
Compliance
Commercial
Construction Management
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
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