Contractor's Final Release And Waiver Of Lien Form for Canada

Contractor's Final Release And Waiver Of Lien Form Template for Canada

This document serves as a legal instrument under Canadian construction law whereby a contractor formally waives and releases their right to file or maintain a construction lien against the project property upon receipt of final payment. The form complies with provincial/territorial construction lien legislation and includes statutory declarations confirming that all subcontractors and suppliers have been paid in full. It provides property owners and developers with assurance that no further claims will be made against the property while protecting the interests of all parties involved in the construction project.

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

The Contractor's Final Release And Waiver Of Lien Form is a crucial document used at the completion of construction projects across Canadian jurisdictions. It is typically executed when the contractor has completed all work and is receiving or has received final payment. The document serves multiple purposes: it confirms receipt of payment, waives future lien rights, releases claims against the property owner, and often includes statutory declarations regarding payment to subcontractors and suppliers. This form must comply with specific provincial/territorial construction lien legislation, such as Ontario's Construction Act or Alberta's Builders' Lien Act, and may require notarization. It's an essential tool for ensuring clean title to the property and protecting owners from future construction-related claims.

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

1. Project Identification: Details of the construction project including address, project name, and any relevant contract numbers

2. Party Identification: Full legal names and addresses of the contractor providing the release and the party receiving it

3. Payment Acknowledgment: Specification of the amount received or to be received as consideration for the release

4. Scope of Release: Detailed description of the rights, claims, and liens being waived and released

5. Representations and Warranties: Contractor's confirmation that all subcontractors and suppliers have been paid

6. Execution Requirements: Signature blocks, witness requirements, and notarization provisions

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

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

2. Reservation of Rights: Include when certain claims or rights need to be explicitly preserved

3. Subcontractor Confirmation: Added when explicit confirmation of subcontractor payments is required

4. Holdback Release: Include specific provisions for releasing holdback amounts when applicable

5. Insurance Claims Waiver: Added when release of insurance-related claims is required

6. Progressive Release Provisions: Used for projects with multiple phases or progressive releases

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

1. Schedule A - Project Details: Detailed description of the project scope and contract references

2. Schedule B - Payment Details: Breakdown of payments received and final payment amounts

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

4. Appendix 1 - Supporting Documentation: Copies of relevant permits, certificates, or other supporting documents

5. Appendix 2 - Statutory Declaration: Standard form statutory declaration as required by applicable construction lien legislation

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Release of Lien

Cost

Free to use
Relevant Industries

Commercial Construction

Residential Construction

Industrial Construction

Infrastructure Development

Real Estate Development

Mining

Oil and Gas

Healthcare Facilities

Educational Institutions

Retail Development

Hospitality and Tourism

Municipal Development

Relevant Teams

Legal

Construction Management

Project Development

Finance

Risk Management

Real Estate

Procurement

Operations

Contract Administration

Project Controls

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Property Developer

Construction Site Supervisor

Chief Financial Officer

Risk Manager

Claims Manager

Corporate Counsel

Real Estate Manager

Development Director

Project Coordinator

Construction Accountant

Procurement Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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