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Contractor Waiver And Release Form Template for Germany

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Key Requirements PROMPT example:

Contractor Waiver And Release Form

"I need a Contractor Waiver and Release Form under German law for our Berlin office renovation project that will complete in March 2025, with special attention to final payment terms and subcontractor releases."

Document background
The Contractor Waiver And Release Form is a critical document used in German business transactions to formally conclude contractor relationships and prevent future disputes. It serves as a legal instrument under German law to document the successful completion of contracted work, confirm receipt of payments, and release parties from future claims, except those that cannot be waived under German law. This document is typically used at project completion or payment milestones, incorporating specific references to the work performed, payments made, and rights being waived. The form must comply with German Civil Code requirements, particularly regarding the enforceability of liability waivers and standard terms (AGB-Recht). It's essential for risk management and provides clarity on the status of contractual obligations and potential claims.
Suggested Sections

1. Parties: Identification of the contractor and the company/client, including full legal names, addresses, and registration details if applicable

2. Background: Brief context of the contractor relationship and the work performed that is subject to this waiver

3. Definitions: Key terms used in the document, including 'Work', 'Payment', 'Claims', and 'Release Period'

4. Scope of Work: Detailed description of the work or services performed that are subject to this waiver and release

5. Payment Confirmation: Acknowledgment of payments received and any outstanding amounts

6. Waiver and Release: Specific details of what rights, claims, and demands are being waived and released

7. Exceptions and Reservations: Clear statement of any rights or claims that are explicitly not waived or released

8. Representations and Warranties: Contractor's confirmations regarding completion of work, absence of liens, and authority to execute the waiver

9. Governing Law: Explicit statement that German law governs the waiver and release

10. Signatures: Execution block with date and signatures of authorized representatives

Optional Sections

1. Subcontractor Confirmation: Section confirming that all subcontractors have been paid and their claims have been satisfied - include when subcontractors were involved

2. Future Claims: Section specifically addressing potential future claims - include when there's a risk of latent defects

3. Insurance and Indemnity: Provisions regarding ongoing insurance obligations and indemnification - include for high-risk projects

4. Dispute Resolution: Specific procedures for resolving any disputes related to the waiver - include for complex projects

5. Confidentiality: Provisions regarding confidential information - include when sensitive information was involved in the project

6. Severability Clause: Provision ensuring partial validity if certain provisions are found invalid - include for complex waivers

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project or work performed, including dates, locations, and scope

2. Schedule B - Payment Summary: Itemized list of all payments made and received, including dates and amounts

3. Schedule C - Outstanding Items: List of any punch list items or minor matters to be completed

4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment confirmations, and completion certificates

5. Appendix 2 - Subcontractor Releases: Copies of any related subcontractor waivers and releases if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Information Technology

Professional Services

Engineering

Manufacturing

Energy

Infrastructure

Telecommunications

Consulting

Architecture

Industrial Services

Facility Management

Software Development

Relevant Teams

Legal

Finance

Procurement

Operations

Project Management

Risk Management

Compliance

Commercial

Construction Management

Contract Administration

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Construction Manager

Procurement Manager

Chief Financial Officer

Operations Director

Risk Manager

Facility Manager

General Counsel

Commercial Director

Project Coordinator

Site Supervisor

Finance Manager

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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