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Subcontractor Waiver And Release Form

Subcontractor Waiver And Release Form Template for Indonesia

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Key Requirements PROMPT example:

Subcontractor Waiver And Release Form

"I need a Subcontractor Waiver and Release Form for our Jakarta office tower project, covering final payment to three electrical subcontractors who completed their work in March 2025, with confirmation that all lower-tier contractors have been paid."

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Document background
The Subcontractor Waiver And Release Form is a critical document in Indonesian construction projects that helps maintain clear payment records and prevent future disputes. It is typically used when a subcontractor receives payment for completed work and needs to formally release any claims or liens related to that payment. The document is essential for project close-out procedures and interim payment processes, providing protection for main contractors and project owners against double payment claims or future disputes. Under Indonesian law, particularly following the Construction Services Law (Law No. 2 of 2017), such waivers must be clear, unambiguous, and properly executed to be enforceable. The form should be used at various project stages, from progress payments to final payment, and must carefully detail the scope of rights being waived, any conditional elements, and specific payment details.
Suggested Sections

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

2. Background: Brief description of the main contract, subcontract, project details, and the context for the waiver

3. Definitions: Key terms used in the document, including 'Project', 'Subcontract', 'Claims', 'Waiver Period', etc.

4. Payment Acknowledgment: Confirmation of payments received and amounts, including the specific payment that triggers this waiver

5. Scope of Waiver: Detailed description of what claims, rights, and liens are being waived and released

6. Representations and Warranties: Subcontractor's confirmation that they have authority to sign, have paid lower-tier subcontractors, and other key representations

7. Governing Law: Specification that Indonesian law governs the waiver and release

8. Execution: Signature blocks and execution requirements

Optional Sections

1. Conditional Release Provisions: Used when the release is conditional upon receipt of payment, specifying the conditions that must be met

2. Retained Rights: Include when certain claims or rights are specifically excluded from the waiver

3. Lower-tier Subcontractor Releases: Required when there are lower-tier subcontractors who need to provide their own waivers

4. Disputed Claims: Include when there are specific disputed claims that need to be addressed or preserved

5. Progress Payment Details: Used for partial waivers to specify exactly what work period or progress payment the waiver covers

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payments received and covered by the waiver

2. Schedule B - Project Description: Detailed description of the project and work performed

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

4. Appendix 1 - Lower-tier Subcontractor Waivers: Attached waivers from any lower-tier subcontractors

5. Appendix 2 - Supporting Documentation: Any required supporting documents such as payment receipts or completion certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Legal

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