This form is a sample agreement between the owner of property and the contractor agreeing that acceptance by contractor of late payments as described in the agreement do not constitute a waiver of the right to receive timely payments pursuant to the agreement in the future.
A California Non-Waiver Agreement is a legally binding document designed to provide protection to both contractors and owners involved in a construction project. This agreement outlines the terms and conditions under which the contractor is willing to accept late payments from the owner without waiving their rights to prompt payment. It helps establish a clear understanding, avoiding any misinterpretation or dispute regarding late payment consequences and the rights of the parties involved. Keywords: California, Non-Waiver Agreement, Contractor, Owner, Late Payments, Accepting, Construction, Prompt Payment, Rights, Terms, Conditions, Protection, Dispute. There are different types of California Non-Waiver Agreements between contractors and owners, tailored to specific situations and contractual agreements. These include: 1. General Non-Waiver Agreement: This agreement is a standard contract utilized by most contractors and owners to address late payment issues and clarify the consequences of accepting late payments without waiving any legal rights. It typically covers the entire scope of the construction project. 2. Partial Non-Waiver Agreement: In some cases, contractors and owners may encounter a situation where only a portion of the project payment is delayed or missed. In such circumstances, a Partial Non-Waiver Agreement can be used to specify the terms and conditions applicable to the partial late payment without affecting the remaining payment obligations. 3. Time-Extension Non-Waiver Agreement: Construction projects often have specified deadlines for completion. If an owner fails to make timely payments, it can result in delay for the contractor. To address this issue, a Time-Extension Non-Waiver Agreement can be utilized, allowing the contractor an extension of time without voiding their right to prompt payment. 4. Progress Payment Non-Waiver Agreement: Progress payments are regularly made throughout the construction project, reflecting the completion of specific milestones. In cases where owners delay these progress payments, contractors can enter into a Progress Payment Non-Waiver Agreement to accept late payments while preserving their right to prompt payment for future milestones. By using a California Non-Waiver Agreement, contractors and owners can effectively establish their rights and obligations regarding late payments within the framework of the construction project. This documentation ensures that both parties are protected and helps maintain a clear and transparent working relationship. It is crucial to consult with legal professionals to ensure the agreement accurately reflects the specific needs and circumstances of the project.
