The Construction Contracts Co.
Glossary
Glossary / Deed of release

Deed of release

A deed of release is a document surrendering claims - commonly required before final payment or retention release, and capable of extinguishing live claims for variations, delays and damages if signed unread.

The standard sequence: final claim submitted, builder offers payment conditional on a release "in the attached form", and the attached form releases everything - known and unknown claims alike. Builder-template contracts overwhelmingly condition final payment on one.

Why it matters to subbies

Read the release at contract signing, not at final claim when you need the money. Carve out: unresolved claims (listed), retention not yet released, statutory rights that cannot be released, and defects obligations running both ways.

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General information for Australian subcontractors, not legal advice - contract drafting and state legislation vary and change; your document and your state's Act govern. Written by Mat Kennedy at The Construction Contracts Co.