Unconditional Waiver And Release On Final Payment for the United Kingdom

Unconditional Waiver And Release On Final Payment Template for England and Wales

An Unconditional Waiver and Release on Final Payment is a legal document used under English and Welsh law that provides an absolute and irrevocable release of claims upon receipt of final payment. Unlike conditional waivers, this document becomes effective immediately upon execution, regardless of whether payment has been received. It serves as conclusive evidence that all payments have been made and all obligations have been satisfied under the original agreement.

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What is a Unconditional Waiver And Release On Final Payment?

The Unconditional Waiver And Release On Final Payment is typically used at the completion of projects or contracts when final payment is being made. This document, governed by English and Welsh law, provides the paying party with assurance that no further claims will be made once payment is complete. It includes details of the final payment amount, confirmation of receipt, and comprehensive release language. The document is particularly important in construction and commercial contracts where multiple parties and payment stages are involved, and where clear documentation of project completion and payment satisfaction is essential.

What sections should be included in a Unconditional Waiver And Release On Final Payment?

1. Parties: Identifies and defines the parties to the waiver, including their registered addresses and company details if applicable

2. Background: Sets out the context of the original agreement, work performed, and circumstances leading to final payment

3. Definitions: Defines key terms used throughout the document including 'Final Payment', 'Claims', and 'Original Agreement'

4. Payment Acknowledgment: Confirms receipt of final payment amount and states the exact sum received

5. Waiver Statement: Contains the core waiver language releasing all claims, liens, and rights related to the original agreement

6. Execution: Contains signature blocks, execution provisions, and witness requirements

What sections are optional to include in a Unconditional Waiver And Release On Final Payment?

1. Exceptions to Waiver: Used when specific claims need to be preserved or excluded from the general waiver

2. Representations and Warranties: Used in complex transactions to provide additional assurances about the releasing party's authority and rights being waived

3. Further Assurance: Used when parties might need to execute additional documents in the future to give effect to the waiver

What schedules should be included in a Unconditional Waiver And Release On Final Payment?

1. Schedule of Payments: Detailed breakdown of all payments made under the original agreement including the final payment

2. Original Agreement Reference: Summary or copy of the agreement being settled, including key terms and dates

3. Outstanding Claims Schedule: List of any claims specifically preserved or excepted from the waiver

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: Key legislation governing interests in land and property rights in England and Wales, essential for waivers affecting property interests

Contracts (Rights of Third Parties) Act 1999: Legislation determining whether and how third parties can enforce terms of the waiver agreement

Limitation Act 1980: Sets statutory time limits for bringing claims and affects how rights can be waived in relation to these limitations

Construction Act 1996: Housing Grants, Construction and Regeneration Act - crucial for construction-related waivers, particularly regarding payment mechanisms and rights

Common Law Principles: Fundamental legal principles including doctrine of consideration, rules for valid waivers, and principles of estoppel

Unfair Contract Terms Act 1977: Legislation ensuring that waiver terms are not unfairly onerous and meet requirements of reasonableness

Consumer Rights Act 2015: Relevant when one party is acting as a consumer rather than in business capacity, providing additional protections

Companies Act 2006: Governs corporate authority requirements for executing waivers and releases when companies are involved

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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