The Waiver of Liability for Construction Work is essential for construction projects in the Philippines where parties need to clearly establish risk allocation and liability limitations. This document is typically used before commencing construction activities to protect various stakeholders from certain liability claims while ensuring compliance with Philippine law. It addresses key aspects such as scope of work, risk acknowledgment, and liability limitations, while recognizing that certain responsibilities cannot be waived under Philippine legislation. The document must comply with the Civil Code of the Philippines, the National Building Code, and relevant labor laws. It's particularly important for projects involving multiple contractors, high-risk construction activities, or significant property modifications. The waiver helps establish clear understanding between parties regarding assumed risks while maintaining necessary legal protections.
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1. Parties: Identifies all parties to the waiver, including the party granting the waiver (releasor) and the party being released from liability (releasee)
2. Background: Establishes the context of the construction work and the relationship between the parties
3. Definitions: Defines key terms used throughout the document, including 'Construction Work', 'Premises', 'Claims', and 'Liability'
4. Scope of Work: Detailed description of the construction activities covered by the waiver
5. Acknowledgment of Risks: Statement acknowledging the inherent risks associated with construction activities
6. Waiver and Release: Core section detailing the specific liabilities being waived and released
7. Exceptions to Waiver: Specifies what is not covered by the waiver (e.g., gross negligence, willful misconduct) as required by Philippine law
8. Duration: Specifies the time period during which the waiver is effective
9. Representations and Warranties: Statements confirming the understanding and voluntary nature of the waiver
10. Governing Law: Specifies that Philippine law governs the waiver and its interpretation
11. Execution: Signature blocks and execution requirements
1. Insurance Requirements: Details any insurance requirements or recommendations for the parties involved
2. Indemnification: Additional indemnification provisions beyond the basic waiver
3. Safety Protocols: Specific safety measures and requirements for the construction work
4. Emergency Procedures: Procedures to follow in case of accidents or emergencies
5. Dispute Resolution: Specific procedures for resolving disputes, including arbitration provisions
6. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains in effect
7. Assignment: Whether and how the rights and obligations under the waiver can be assigned
8. Third Party Rights: Provisions regarding the rights of third parties affected by the waiver
1. Schedule A - Description of Construction Work: Detailed scope of construction work covered by the waiver
2. Schedule B - Site Plan and Location Details: Plans and drawings of the construction site and work areas
3. Schedule C - Safety Requirements: Specific safety protocols and requirements for the construction work
4. Schedule D - Insurance Certificates: Copies of relevant insurance certificates and coverage details
5. Appendix 1 - Risk Assessment: Detailed assessment of risks associated with the construction work
6. Appendix 2 - Emergency Contact Information: List of emergency contacts and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Property
Industrial Construction
Civil Engineering
Architecture
Building Maintenance
Property Management
Urban Development
Mining
Manufacturing
Relevant Teams
Legal
Operations
Risk Management
Compliance
Property Management
Construction Management
Project Management
Facilities Management
Contract Administration
Safety and Quality Control
Real Estate Development
Engineering
Relevant Roles
Construction Manager
Project Manager
Site Supervisor
Safety Officer
Legal Counsel
Risk Manager
Contract Administrator
Property Manager
Facilities Manager
Construction Director
Chief Operations Officer
Compliance Officer
General Counsel
Real Estate Developer
Project Engineer
Site Engineer
Quality Control Manager
Construction Coordinator
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