Conditional Waiver & Release upon Progress Payment

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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This form is generally used in the construction industry, however it has many other applications. It requires a claimant to some right or sum of money to execute a waiver and release in exchange for a progress payment, but only to the extent of the progress payment. This form ensures that the release is not effective until the bank upon which the funds are drawn actually pays the money owed. This form also limits the waiver and release to certain conditions covered by the progress payment.

Among others this packet includes the following provisions:
  • Names of parties: Identifies the parties to the transaction
  • Sum paid: Clarifies the money paid for the waiver and release
  • Job description: Indicates the job for which the release applies
  • Extent of release of claim: Describes the extent to which the waiver applies
This attorney-prepared packet includes:
  1. Conditional Waiver & Release upon Progress Payment Information
  2. Conditional Waiver & Release upon Progress Payment form
State Law Compliance: Designed for use in all states

Conditional Waiver & Release upon Progress Payment

Product Details

Product Conditional Waiver & Release upon Progress Payment
Country United States
Pages 2
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Waivers & Releases
Product number #29284
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

This form is a legal document used primarily in the construction industry that allows a claimant to waive their right to claim payment for work completed, but only to the extent of the progress payment received. It ensures that the waiver is contingent upon actual payment being made.

This form should be used when a contractor or subcontractor is receiving a progress payment and wishes to waive their rights to additional claims for that specific payment. It is particularly useful in construction projects where multiple payments are made over time.

Yes, once executed, this form is legally binding, provided that it complies with applicable state laws. It is important for all parties to understand the terms and conditions outlined in the waiver.

This form is designed for use in all states, but it is advisable to check local laws and regulations to ensure compliance with specific state requirements regarding waivers and releases.

If the payment is not made, the waiver and release are not effective, meaning the claimant retains their rights to pursue payment. This condition protects the claimant from losing their rights if the payment is not fulfilled.

Is This Form Right For You?

Use This Form If:

  • Individuals who are subcontractors in a construction project may use this form to ensure they receive payment for work completed while simultaneously waiving their right to claim additional funds until the next payment is made. This protects both the contractor and the subcontractor by clearly defining the terms of payment and the extent of the waiver.
  • Situations requiring a contractor to provide a conditional waiver upon receiving a progress payment can benefit from this form. By using this document, the contractor can assure the property owner that they will not pursue further claims for the amount paid, thus fostering trust and clarity in the financial transaction.
  • To comply with state laws governing construction payments, contractors and subcontractors often utilize this form to document the conditional waiver of rights. This ensures that all parties are aware of their obligations and the specific conditions under which the waiver is effective, reducing the risk of disputes.
  • For those engaged in larger construction projects, this form is essential for managing cash flow. By securing progress payments while limiting waivers to the amounts received, contractors can maintain financial stability and ensure that they are compensated for their work without relinquishing rights prematurely.
  • Companies involved in renovation projects may find this form useful when dealing with multiple subcontractors. It allows them to manage payments efficiently while ensuring that each subcontractor waives their claims only to the extent of the payments received, thus maintaining a clear financial record.

Do Not Use If:

  • – This form is not appropriate when a full and unconditional waiver is required. If a party needs to relinquish all claims without any conditions, a different type of waiver should be utilized.
  • – In situations where no payment is being made, using this form would be unnecessary. It is specifically designed for cases involving progress payments, and without such payments, the waiver does not apply.
  • – If the project is completed and the final payment is due, this form should not be used. Instead, a final waiver and release form should be employed to cover the entire scope of work completed.
  • – This form is not suitable for use in scenarios involving disputes over payment amounts. If there are disagreements regarding the payment, it is advisable to resolve those issues before executing any waiver or release.
  • – When dealing with multiple parties and complex contractual obligations, this form may not suffice. In such cases, a more comprehensive agreement may be necessary to address all parties' rights and claims.

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