Partial Unconditional Waiver Template for England and Wales

A Partial Unconditional Waiver is a legal document used under English and Welsh law to release certain rights, claims, or liens up to a specific payment amount or date, while preserving rights to future claims. It serves as confirmation that partial payment has been received and provides the paying party with assurance that no claims will be made for the work or services covered by the waiver. This document is commonly used in construction and development projects to manage payment-related risks and maintain clear records of partial payments and associated releases.

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What is a Partial Unconditional Waiver?

The Partial Unconditional Waiver is a crucial document in English and Welsh contract management, particularly in situations where staged or progressive payments are made. This document type is used when a party has received partial payment for work or services and agrees to unconditionally waive their rights to make claims for that specific portion, while maintaining rights for future payments or claims. The waiver becomes effective immediately upon execution, unlike conditional waivers that depend on future events. It typically includes details of the payment received, the scope of rights being waived, and explicitly states which rights are preserved. The document provides clarity and security in commercial relationships, particularly in construction and development projects where multiple payment stages are common.

What sections should be included in a Partial Unconditional Waiver?

1. Project Identification: Details of the project or contract being partially waived, including contract reference numbers, project name, and relevant dates

2. Payment Information: Specific details of the payment received, including amount, date, and method of payment

3. Waiver Scope: Clear definition of which rights, claims, and liens are being unconditionally waived up to the specified payment amount

4. Reserved Rights: Explicit statement of rights being retained, including claims for retention, pending modifications, and disputed claims

5. Execution Block: Formal signature section including date, name, title, and company of the executing party

What sections are optional to include in a Partial Unconditional Waiver?

1. Conditional Clauses: Additional conditions or requirements that must be met for the waiver to be effective

2. Third Party Rights: Provisions addressing the impact on third party beneficiaries and their rights

3. Governing Law: Explicit statement of jurisdiction and governing law, particularly important for cross-border projects

4. Notice Requirements: Any specific notice requirements or procedures related to the waiver

What schedules should be included in a Partial Unconditional Waiver?

1. Schedule A - Payment Details: Detailed breakdown of payments received and applied to date

2. Schedule B - Project Documentation: List of relevant contract documents and references being affected by the waiver

3. Schedule C - Authorization Evidence: Documentation proving authority to execute the waiver, if required

4. Schedule D - Outstanding Claims: List of any retained or reserved claims not covered by the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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Lien Waiver Form

A legal document used in England and Wales where a party waives their right to place a lien on a property in exchange for payment.

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Download a Standard Partial Unconditional Waiver

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What is a Partial Unconditional Waiver?

What sections should be included in a Partial Unconditional Waiver?

What sections are optional to include in a Partial Unconditional Waiver?

What schedules should be included in a Partial Unconditional Waiver?

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