The Subcontractor Release Form is a essential document used in New Zealand's construction and project-based industries when a subcontractor has completed their contracted scope of work and all parties wish to formally conclude their contractual relationship. This document is typically used when the subcontracted work has been completed to satisfaction, all payments have been made, and both parties agree to release each other from future claims or obligations, except for specifically identified surviving obligations. The form must comply with New Zealand legislation, including the Construction Contracts Act 2002 and Contract and Commercial Law Act 2017, and should address key aspects such as payment confirmations, warranties, and any retention releases. It serves as a vital risk management tool by providing clear documentation of the project completion and protecting both parties from future disputes.
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1. Parties: Identification of the main contractor and subcontractor, including full legal names and registered addresses
2. Background: Brief description of the original subcontract, project details, and context for the release
3. Definitions: Key terms used in the release form, including 'Project', 'Subcontract', 'Release Date', and 'Claims'
4. Release Details: Specific description of work completed and confirmation that it has been performed to required standards
5. Payment Confirmation: Confirmation of final payment amounts and that all payments have been received
6. Mutual Release: Statement of mutual release from obligations, liabilities, and claims related to the subcontract
7. Surviving Obligations: Identification of any obligations that survive the release (e.g., warranties, confidentiality)
8. Acknowledgments: Statements confirming each party's understanding and voluntary acceptance of the release
9. Execution: Signature blocks for both parties, including date and witness provisions
1. Retention Release: Include when there are retention monies being released as part of the agreement
2. Outstanding Defects: Include when there are known defects that need to be addressed or specifically excluded from the release
3. Intellectual Property: Include when there are IP rights that need to be specifically addressed in the release
4. Dispute Resolution: Include when there are ongoing disputes that need to be resolved as part of the release
5. Third Party Rights: Include when there are third party beneficiaries or rights that need to be addressed
6. Insurance Obligations: Include when there are specific insurance matters that need to be addressed or maintained post-release
1. Schedule 1 - Project Details: Details of the project and original subcontract, including dates, scope, and contract reference numbers
2. Schedule 2 - Payment Summary: Detailed breakdown of all payments made and confirmation of final amounts
3. Schedule 3 - Outstanding Items List: List of any outstanding items, defects, or matters that are specifically excluded from the release
4. Appendix A - Original Subcontract: Copy of the original subcontract agreement for reference
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