The Construction Waiver Form is a critical risk management document used in UAE construction projects to formally document the voluntary relinquishment of specific rights, claims, or remedies by one party in favor of another. This document is typically employed when parties need to resolve disputes, close out projects, or manage specific risk allocations in construction activities. The form must comply with UAE Federal Law No. 5 of 1985 (Civil Code) and relevant emirate-specific construction regulations, ensuring that all waivers are legally enforceable while preserving mandatory rights that cannot be waived under UAE law. The document is particularly important in complex construction projects where clear documentation of liability releases and risk transfers is essential for project progression and dispute prevention.
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1. Parties: Identification of all parties involved in the waiver, including the party giving the waiver and the party receiving it
2. Project Details: Specific details of the construction project including location, scope, and relevant permit numbers
3. Definitions: Key terms used in the waiver document defined for clarity and legal certainty
4. Scope of Waiver: Detailed description of rights, claims, or remedies being waived
5. Consideration: Statement of consideration being provided in exchange for the waiver
6. Representations and Warranties: Statements confirming the waiving party's understanding and voluntary execution
7. Governing Law: Specification of UAE law as governing law and relevant emirate jurisdiction
8. Execution: Signature blocks and execution requirements including witness provisions
1. Insurance Provisions: Required when the waiver affects insurance rights or claims
2. Third Party Rights: Included when the waiver affects rights of third parties or subcontractors
3. Duration and Survival: Added for complex projects where temporal aspects of the waiver need specification
4. Carve-outs: Specific exclusions from the waiver scope, included when certain rights need to be preserved
5. Dispute Resolution: Detailed dispute resolution procedures, included for high-value or complex projects
6. Language Provision: Required when the waiver is bilingual Arabic/English, specifying prevailing language
1. Project Scope Description: Detailed description of the construction project and work covered by the waiver
2. Site Plan: Plans or drawings identifying the specific construction site and areas covered
3. Related Permits: Copies of relevant construction permits and authorizations
4. Risk Assessment: Documentation of specific risks being waived, if applicable
5. Party Details: Extended details of parties including registration documents and authorizations
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