Construction Waiver Of Liability Form for the United Kingdom

Construction Waiver Of Liability Form Template for England and Wales

A Construction Waiver of Liability Form under English and Welsh law is a legal document that limits or excludes certain liabilities between parties involved in construction projects. The document must comply with the Unfair Contract Terms Act 1977 and cannot exclude liability for death or personal injury caused by negligence. It typically covers specific construction activities, defines the scope of waived liabilities, and includes necessary exceptions as required by law.

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What is a Construction Waiver Of Liability Form?

The Construction Waiver of Liability Form is essential in construction projects across England and Wales where parties seek to manage their risk exposure. This document is commonly used when construction work carries inherent risks that parties wish to allocate clearly. It must be carefully drafted to comply with the Unfair Contract Terms Act 1977 and related legislation. The form typically includes detailed descriptions of waived liabilities, exceptions required by law, and specific project details. It's particularly important in high-risk construction activities or where multiple parties are involved.

What sections should be included in a Construction Waiver Of Liability Form?

1. Parties: Identifies all parties to the waiver, including the contractor, property owner, and any other relevant parties

2. Background: Explains context of the construction project and need for waiver, including project overview and circumstances

3. Definitions: Defines key terms used in the document including 'Construction Work', 'Liability', 'Waiver', and other relevant terms

4. Scope of Work: Describes construction activities covered by the waiver and specific work being undertaken

5. Waiver Provisions: Details specific liabilities being waived and extent of the waiver, subject to legal limitations

6. Exceptions to Waiver: Lists liabilities that cannot be waived by law, including death, personal injury, and statutory obligations

7. Acknowledgment: Party's confirmation of understanding and voluntary acceptance of the waiver terms

8. Execution: Signature blocks and execution details for all parties

What sections are optional to include in a Construction Waiver Of Liability Form?

1. Insurance Requirements: Details required insurance coverage and minimum insurance levels to be maintained

2. Indemnification: Additional indemnity provisions between the parties beyond the basic waiver

3. Duration: Timeframe of waiver effectiveness and any provisions for extension or termination

4. Third Party Rights: Provisions regarding third party rights and whether they are excluded under the Contracts (Rights of Third Parties) Act 1999

What schedules should be included in a Construction Waiver Of Liability Form?

1. Schedule 1 - Project Details: Detailed description of construction work including specifications and scope

2. Schedule 2 - Site Plan: Plans showing area covered by waiver and construction site boundaries

3. Schedule 3 - Risk Assessment: Assessment of risks being waived and safety measures in place

4. Schedule 4 - Insurance Certificates: Copies of relevant insurance documentation and certificates

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Industries

Unfair Contract Terms Act 1977 (UCTA): Key legislation that restricts the extent to which liability can be excluded or limited. Prohibits exclusion of liability for death or personal injury caused by negligence. Other exclusions must pass the 'reasonableness test'.

Consumer Rights Act 2015: Governs consumer contracts, providing rules about unfair terms and requiring transparency and prominence of terms. Particularly relevant if the waiver involves consumers rather than businesses.

Construction (Design and Management) Regulations 2015 (CDM): Establishes statutory duties that cannot be waived, including health and safety obligations and specific responsibilities for different parties in construction projects.

Contracts (Rights of Third Parties) Act 1999: Addresses the rights of third parties who might be affected by the contract and provides the option to explicitly exclude third party rights.

Occupiers' Liability Acts 1957 and 1984: Defines duties owed to visitors and trespassers on construction sites. Certain basic duties of care cannot be completely excluded.

Common Law Principles: Encompasses the doctrine of fundamental breach, rules about incorporation of terms, and the contra proferentem rule for interpreting ambiguous terms.

Housing Grants, Construction and Regeneration Act 1996: Establishes payment provisions and adjudication rights in construction contracts that cannot be waived.

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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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