Subcontractor Release And Waiver Of Liability Form for India

Subcontractor Release And Waiver Of Liability Form Template for India

This document serves as a formal release and waiver of liability between a contractor and subcontractor under Indian law, typically used upon completion of a project or specific scope of work. It provides legal protection by documenting the subcontractor's acknowledgment of full payment receipt and waiver of any future claims related to the work performed. The document complies with Indian contract law requirements and includes essential elements such as consideration, mutual agreement, and clear terms of release, making it enforceable in Indian courts.

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What is a Subcontractor Release And Waiver Of Liability Form?

The Subcontractor Release And Waiver Of Liability Form is a critical document used in Indian business operations to formally conclude subcontracting relationships and minimize future liability exposure. It is typically executed upon project completion or milestone achievement, when final payment has been made to the subcontractor. The document serves multiple purposes: it confirms receipt of all due payments, releases the contractor from future claims or liabilities, and provides documentary evidence of project closure. Used across various industries from construction to IT services, this form needs to comply with the Indian Contract Act, 1872, and related legislation. It's particularly important in complex projects where multiple subcontractors are involved and clear documentation of liability release is essential for risk management.

What sections should be included in a Subcontractor Release And Waiver Of Liability Form?

1. Parties: Identification of all parties involved - the contractor, subcontractor, and any other relevant parties including their legal details and addresses

2. Background: Brief description of the project, work performed, and context of the relationship between parties

3. Definitions: Key terms used in the document including 'Work', 'Project', 'Claims', 'Liabilities', etc.

4. Acknowledgment of Completion: Confirmation that the subcontractor has completed all required work and received all due payments

5. Waiver and Release: Core section detailing the specific claims, rights, and liabilities being waived by the subcontractor

6. Scope of Release: Detailed description of what is covered under the release, including known and unknown claims

7. Representations and Warranties: Subcontractor's confirmation of no outstanding claims, liens, or disputes

8. Payment Confirmation: Acknowledgment of receipt of full and final payment, including any details of the payment

9. Governing Law: Specification that the agreement is governed by Indian law and relevant jurisdiction

10. Execution: Signature blocks, witness requirements, and execution formalities

What sections are optional to include in a Subcontractor Release And Waiver Of Liability Form?

1. Indemnification: Additional indemnification provisions if specific ongoing obligations need to be addressed

2. Dispute Resolution: Specific arbitration or mediation procedures if parties want to specify alternative dispute resolution methods

3. Retention of Rights: Any specific rights that are explicitly retained by either party, if applicable

4. Third Party Rights: Provisions regarding rights of third parties, if relevant to the project

5. Confidentiality: Provisions for maintaining confidentiality of project details, if required

6. Survival Clause: Specification of which provisions survive the release, if any need to continue

What schedules should be included in a Subcontractor Release And Waiver Of Liability Form?

1. Schedule A - Project Details: Detailed description of the project and work performed

2. Schedule B - Payment Details: Breakdown of payments made and confirmation of final payment amounts

3. Schedule C - List of Completed Works: Itemized list of all works completed by the subcontractor

4. Schedule D - Outstanding Claims Declaration: Declaration form confirming no outstanding claims or disputes

5. Appendix 1 - Supporting Documents: Copies of relevant certificates, completion documents, or payment receipts

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

India

Publisher

Genie AI

Document Type

Liability Waiver

Cost

Free to use
Relevant Industries

Construction

Infrastructure

Real Estate Development

Information Technology

Manufacturing

Engineering

Mining

Oil and Gas

Telecommunications

Industrial Projects

Energy

Relevant Teams

Legal

Operations

Project Management

Procurement

Risk Management

Compliance

Contract Administration

Construction Management

Commercial Operations

Finance

Relevant Roles

Project Manager

Contract Manager

Legal Counsel

Construction Manager

Procurement Manager

Site Supervisor

Operations Director

Risk Manager

Commercial Manager

Subcontractor Relations Manager

Chief Operating Officer

Project Coordinator

General Counsel

Compliance Officer

Industries
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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