Conditional Final Lien Release Template for Canada

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Key Requirements PROMPT example:

Conditional Final Lien Release

I need a Conditional Final Lien Release for a commercial construction project in Ontario, where our company (ABC Construction Ltd.) is the general contractor releasing lien rights against XYZ Development Corp. for the final payment of $2.5M, with specific exclusions for pending change orders due to be processed by March 2025.

Document background

The Conditional Final Lien Release is a crucial document used in Canadian construction projects when a party is preparing to receive final payment for their work or materials supplied. This document is typically executed near the completion of a project or a significant project phase, where the releasing party agrees to waive their lien rights upon receipt of a specified payment amount. The release is "conditional" because it only becomes effective when the payment is actually received and cleared. This type of release is governed by provincial legislation such as the Construction Act in Ontario or the Builders' Lien Act in other provinces, with specific requirements varying by jurisdiction. The document includes essential information such as project details, payment amount, scope of release, and any specific exclusions or reservations of rights. It serves as a risk management tool for owners and contractors while providing clarity on the status of potential lien claims.

Suggested Sections

1. Project Information: Identifies the construction project, including project name, address, and any relevant project numbers or identifiers

2. Parties: Identifies the releasing party (typically contractor/subcontractor/supplier) and the party being released (typically owner/contractor)

3. Payment Amount: Specifies the amount of payment that triggers this release

4. Scope of Release: Details what claims, liens, and rights are being released upon payment

5. Condition Precedent: Clearly states that the release is only effective upon receipt of payment

6. Exceptions: Lists any claims or rights specifically excluded from the release

7. Representations and Warranties: Statements by the releasing party regarding authority to release, no prior assignments, etc.

8. Execution: Signature blocks and notary acknowledgment requirements

Optional Sections

1. Lower-Tier Releases: Required when the releasing party needs to confirm that all lower-tier contractors or suppliers have been or will be paid

2. Retention: Used when retained amounts are excluded from the release or handled separately

3. Pending Change Orders: Needed when there are unresolved change orders that are excluded from the release

4. Insurance Claims: Required when there are ongoing or potential insurance claims that need to be addressed

5. Dispute Resolution: Added when there are specific procedures for resolving any disputes about the release

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project and scope of work performed

2. Schedule B - Payment History: Summary of all payments received to date and amounts pending

3. Schedule C - Outstanding Claims: List of any claims or rights specifically reserved or excluded from the release

4. Schedule D - Lower-Tier Certifications: Copies of lien releases or payment confirmations from subcontractors and suppliers

5. Appendix 1 - Statutory Form: If required by applicable provincial law, the statutory form of lien release

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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Construction

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Engineering

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Legal

Finance

Operations

Project Management

Construction Management

Risk Management

Procurement

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Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Finance Manager

Procurement Manager

Claims Manager

Risk Manager

Construction Site Supervisor

Quantity Surveyor

Chief Financial Officer

General Counsel

Operations Director

Development Manager

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Authors

Alex Denne

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