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Contractor Waiver And Release Form
"I need a Contractor Waiver and Release Form for a residential construction project in Kuala Lumpur, where my general contractor has completed Phase 1 of the development and received a progress payment of RM 500,000, with the release to be effective from March 15, 2025."
1. Parties: Identification of the contractor providing the waiver and the party receiving the waiver, including full legal names, registration numbers, and addresses
2. Background: Brief context of the project/work performed and the purpose of the waiver and release
3. Definitions: Key terms used in the document, including 'Project', 'Work', 'Claims', 'Payment', etc.
4. Acknowledgment of Payment: Confirmation of payment received or to be received, including specific amount
5. Waiver and Release: Core section detailing the specific rights, claims, and liens being waived by the contractor
6. Scope of Release: Detailed description of what is covered under the release, including timeframes and specific aspects of work
7. Representations and Warranties: Contractor's confirmation that they have authority to provide the waiver and that no claims have been assigned to others
8. Governing Law: Specification that Malaysian law governs the waiver and release
9. Execution: Signature blocks, witness requirements, and date of execution
1. Conditional Release Provisions: Used when the release is conditional upon receipt of payment, specifying the conditions that must be met
2. Exceptions and Reservations: Used when certain claims or rights are specifically excluded from the waiver
3. Subcontractor Confirmations: Required when the contractor needs to confirm all subcontractors have been paid
4. Progress Payment Provisions: Used for partial/progress payment waivers as opposed to final waivers
5. Indemnification: Added when specific indemnification obligations need to be included
6. Future Claims Waiver: Optional section for waiving unknown future claims, must be carefully worded under Malaysian law
1. Schedule A - Project Details: Detailed description of the project or work performed, including location, contract references, and scope
2. Schedule B - Payment Details: Breakdown of payments received and/or pending, including any retention amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers related to the waiver, if applicable
4. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, completion certificates, or other supporting documentation
Authors
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Mining
Oil and Gas
Manufacturing
Facilities Management
Engineering Services
Interior Design and Renovation
Telecommunications Infrastructure
Public Works
Legal
Operations
Construction
Project Management
Finance
Procurement
Risk Management
Commercial
Contract Administration
Development
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Site Supervisor
Procurement Manager
Chief Financial Officer
Operations Director
Project Coordinator
Construction Director
Risk Manager
Claims Manager
Quantity Surveyor
Commercial Manager
Development Manager
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