Contractor's Final Affidavit And Release Of Lien for Canada

Contractor's Final Affidavit And Release Of Lien Template for Canada

A legal document used in Canadian construction projects where a contractor provides a sworn statement confirming receipt of final payment and releases all lien rights against the property owner's real estate. This affidavit serves as formal confirmation that all subcontractors and suppliers have been paid in full, and that no further claims or liens will be filed against the project. The document complies with provincial construction lien legislation and requires proper execution before a commissioner of oaths or notary public, making it a binding legal instrument that helps protect owners from future claims while facilitating project closeout.

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What is a Contractor's Final Affidavit And Release Of Lien?

The Contractor's Final Affidavit And Release Of Lien is a crucial document in Canadian construction law that marks the formal completion of a contractor's obligations on a construction project. It is typically used during the project closeout phase, after substantial completion and when final payment is ready to be released. The document serves multiple purposes: it provides a sworn statement that all subcontractors and suppliers have been paid, releases any lien rights the contractor may have against the property, and protects the owner from future claims. This affidavit must comply with provincial construction lien legislation and requires proper witnessing by a commissioner of oaths or notary public. It's particularly important in situations where construction lenders or title insurers require confirmation that all potential lien claims have been addressed.

What sections should be included in a Contractor's Final Affidavit And Release Of Lien?

1. Affiant Identification: Identifies the contractor/affiant making the sworn statement, including their role and authority

2. Project Information: Details of the construction project including location, contract reference, and owner information

3. Payment Confirmation: Statement confirming receipt of final payment and total amount received for the project

4. Lien Release Statement: Formal release of all lien rights related to the project

5. Confirmation of Obligations: Statement confirming all subcontractors and suppliers have been paid

6. Indemnification: Contractor's agreement to indemnify owner against any future claims

7. Sworn Statement: Formal declaration that all statements are true and accurate

8. Execution: Signature block with notary/commissioner of oaths attestation

What sections are optional to include in a Contractor's Final Affidavit And Release Of Lien?

1. Conditional Release Language: Used when the release is conditional upon receipt of final payment

2. Partial Release Provisions: Included when the release applies only to specific portions of work or specific time periods

3. Reservation of Rights: Used when certain claims or rights are being preserved despite the general release

4. Warranty Obligations: Included when ongoing warranty obligations need to be explicitly preserved

5. Insurance Requirements: Used when specific insurance obligations continue post-completion

What schedules should be included in a Contractor's Final Affidavit And Release Of Lien?

1. Schedule A - Project Details: Detailed description of the project, including contract references and key dates

2. Schedule B - Payment Summary: Breakdown of all payments received and final payment details

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers with confirmation of payments made

4. Schedule D - Outstanding Claims: List of any permitted outstanding claims or preserved rights, if applicable

5. Schedule E - Lien Waivers: Copies of lien waivers from subcontractors and suppliers

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

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Lien Waiver (Real Estate)

A Canadian legal document where a party waives their right to file a construction lien on a property, typically used in construction projects across Canadian provinces to acknowledge payment and release lien rights.

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What is a Contractor's Final Affidavit And Release Of Lien?

What sections should be included in a Contractor's Final Affidavit And Release Of Lien?

What sections are optional to include in a Contractor's Final Affidavit And Release Of Lien?

What schedules should be included in a Contractor's Final Affidavit And Release Of Lien?

Authors

Alex Denne

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