Partial Unconditional Waiver Form for the United Kingdom

Partial Unconditional Waiver Form Template for England and Wales

A Partial Unconditional Waiver Form 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 for remaining payments or claims. It serves as confirmation that partial payment has been received and provides the paying party with assurance against double payment or future claims for the same work period. The document is unconditional, meaning the waiver takes effect immediately upon execution, without contingencies.

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Partial Unconditional Waiver Form

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What is a Partial Unconditional Waiver Form?

The Partial Unconditional Waiver Form is commonly used in construction and development projects in England and Wales where staged payments are made. It provides a clear record that a contractor or supplier has received specific payments and waives their rights to make claims for that portion of work or services. This document type is crucial for maintaining clear payment records and protecting all parties' interests. The unconditional nature means the waiver is effective immediately upon signing, unlike conditional waivers that may depend on payment clearance. It typically includes details of the project, payment amount received, and specific rights being waived.

What sections should be included in a Partial Unconditional Waiver Form?

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

2. Party Details: Identification of the waiving party and the party receiving the waiver, including full legal names and addresses

3. Payment Acknowledgment: Explicit acknowledgment of the payment amount received and date of receipt

4. Waiver Statement: Clear statement of the rights being unconditionally waived for the specified payment period

5. Execution Block: Formal signature section including date, witness requirements, and company details if applicable

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

1. Retained Rights: Optional section specifying any rights or claims being explicitly retained or preserved

2. Representations and Warranties: Optional warranties regarding authority to execute and accuracy of statements

3. Notice Requirements: Optional section detailing any notice requirements or communication protocols

What schedules should be included in a Partial Unconditional Waiver Form?

1. Schedule A - Payment Details: Detailed breakdown of payments received, including dates and amounts

2. Schedule B - Work Description: Description of work completed during the relevant payment period

3. Appendix 1 - Supporting Documents: Any relevant supporting documentation such as proof of payment or authorization evidence

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

Cost

Free to use
Industries

Law of Property Act 1925: Primary legislation governing real property and land rights in England and Wales, including requirements for valid legal documentation in property matters

Contracts Act 1999 and Common Law Principles: Fundamental legislation and principles covering valid consideration, principles of waiver and estoppel, and formation of binding agreements

Construction Act 1996: Housing Grants, Construction and Regeneration Act - particularly relevant if the waiver relates to construction work and payment provisions

Civil Procedure Rules: Rules governing formal requirements for legal documentation and enforcement considerations in England and Wales

Limitation Act 1980: Legislation establishing time limits for bringing claims and its impact on waiver rights

Statute of Frauds 1677: Historical legislation still relevant today, specifying requirements for certain agreements to be in writing

Third Parties (Rights Against Insurers) Act 2010: Legislation governing insurance rights and their transfer, relevant if insurance rights are being waived

Companies Act 2006: Corporate legislation relevant when any party is a corporate entity, particularly regarding authority to execute documents

Legal Doctrine: Consideration: Common law principle requiring exchange of value for contracts to be binding

Legal Doctrine: Estoppel: Common law principle preventing a party from going back on a promise even if not supported by consideration

Legal Requirement: Valid Execution: Requirements for proper execution of legal documents including signing, witnessing, and delivery

Legal Principle: Clear Drafting: Requirement for clear and unambiguous drafting in legal documents to ensure enforceability

Legal Principle: Capacity: Requirements regarding the legal capacity of parties to enter into binding agreements

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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