The Unconditional Waiver And Release On Progress Payment is a critical document in Pakistani construction and development projects, used when partial payments are made during ongoing work. It provides legal certainty to project owners and upper-tier contractors by obtaining a clear waiver of rights and claims from parties receiving progress payments. This document is particularly important in Pakistan's construction industry where complex payment hierarchies exist and multiple parties may have claim rights. The waiver becomes effective immediately upon receipt of payment, unlike conditional waivers that require additional steps. It should be used whenever a progress payment is made and the paying party needs assurance that no claims will be made for work covered by that payment. The document must comply with Pakistani contract law and should be properly executed and stamped according to local requirements.
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1. Parties: Identification of the Claimant/Payee (party providing the waiver) and the Owner/Contractor (party receiving the waiver)
2. Background: Brief description of the underlying contract, project details, and the progress payment that is the subject of this waiver
3. Definitions: Key terms used in the waiver including 'Progress Payment', 'Project', 'Contract', and 'Claim Period'
4. Unconditional Waiver Statement: Clear and unequivocal statement of waiver upon receipt of progress payment
5. Payment Details: Specific details of the progress payment including amount, payment date, and payment period covered
6. Scope of Waiver: Detailed description of what rights, claims, and liens are being waived
7. Exceptions and Reservations: Statement of any rights or claims that are specifically not being waived
8. Representations and Warranties: Claimant's confirmations regarding authority to execute the waiver and accuracy of statements
9. Governing Law: Specification that Pakistan law governs the waiver
10. Execution: Signature blocks and execution requirements
1. Conditional Provisions: Used when certain aspects of the waiver are conditional upon specific events or requirements
2. Subcontractor Acknowledgments: Include when the waiving party has subcontractors who need to acknowledge payment receipt
3. Previous Payments: Add when there's a need to acknowledge and confirm previous payments received
4. Notarization Block: Include when document needs to be notarized under local requirements
5. Witness Requirements: Add when witnesses are required for execution under local practice
1. Schedule A - Payment Details: Detailed breakdown of the progress payment amount and calculation
2. Schedule B - Project Description: Detailed description of the project and work performed
3. Schedule C - Outstanding Claims List: List of any retained or excepted claims not covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant payment certificates or progress reports
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