Waiver of Breach

A waiver of breach is a legal document or provision that voluntarily relinquishes a party’s right to claim a breach of contract by the other party. In construction, a waiver of breach may be used when a party has knowledge of a minor or non-material breach but chooses to continue the contract without enforcing their rights. The waiver typically includes a description of the specific breach, the date and circumstances of the waiver, and the scope and duration of the waiver. The purpose of a waiver of breach is to provide flexibility and maintain the contractual relationship despite minor deviations, avoid unnecessary disputes or termination, and allocate the risks and benefits of the waiver. A waiver of breach should be carefully considered and drafted to ensure that it does not unintentionally waive other rights or remedies.