What Is a Waiver?
A waiver is the voluntary and intentional giving up of a known right. When a party waives a right, it gives up the ability to enforce that right later. Waivers appear throughout contracts, litigation, and everyday transactions — from waiving a contract contingency to waiving the right to a jury trial.
Express vs. Implied Waiver
- Express waiver — a clear, usually written statement giving up the right (such as a signed release or a contract clause)
- Implied waiver — inferred from conduct that is inconsistent with an intent to enforce the right, such as repeatedly accepting late payments
Key Principles in Florida
To be effective, a waiver generally requires knowledge of the right and an intent to relinquish it. A right given up by waiver is hard to reclaim. Many contracts include a "non-waiver" clause stating that a party's failure to enforce a term on one occasion does not waive the right to enforce it later — a protection against accidental implied waivers. Waiver is related to, but distinct from, estoppel, which focuses on another party's reliance.
Related Terms
- Contingency — A contract condition that can be waived
- Breach of Contract — What a non-waiver clause preserves the right to claim
- Default — A right whose enforcement can be waived by conduct
Barnes Walker
Barnes Walker's attorneys draft and interpret waivers, releases, and non-waiver provisions in Florida contracts and litigation. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC