Contractor's Release And Waiver Of Liens Form for Canada

Contractor's Release And Waiver Of Liens Form Template for Canada

A Contractor's Release and Waiver of Liens Form is a legally binding document used throughout Canada's construction industry to formally release construction liens and claims against a property. The document provides property owners and general contractors with protection against future lien claims by obtaining a formal acknowledgment from contractors that they have received payment for their work. The form must comply with provincial lien legislation, such as Ontario's Construction Act or similar provincial statutes, and typically includes declarations regarding payment receipt, release of lien rights, and confirmation that all subcontractors and suppliers have been paid.

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

The Contractor's Release And Waiver Of Liens Form is a crucial document in Canadian construction law, designed to protect property owners and general contractors from future lien claims after payment has been made for construction work. This document becomes necessary at various project milestones or upon completion of construction work, when contractors have received payment and are required to waive their lien rights. It must comply with specific provincial legislation, such as the Construction Act in Ontario or the Builders' Lien Act in other provinces. The form typically includes details about the project, payment confirmation, and explicit waiver language releasing all claims and liens against the property. It serves as evidence that contractors have received their due compensation and voluntarily relinquish their right to file a construction lien.

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

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

2. Parties: Identification of the contractor providing the release and the party receiving it (owner/general contractor)

3. Payment Acknowledgment: Confirmation of payments received and amounts, including details of the final payment if applicable

4. Waiver Declaration: Clear statement of the liens and rights being waived, including specific reference to relevant lien legislation

5. Scope of Release: Detailed description of what claims and rights are being released, including timeframe covered

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

7. Execution: Signature blocks, witness requirements, and date of execution

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

1. Partial vs. Final Release: Used when distinguishing between a partial or final release of liens, depending on payment stage

2. Holdback Provisions: Include when there are statutory holdback amounts still to be released

3. Subcontractor Confirmation: Additional section for listing all subcontractors and confirming their payment status

4. Conditional Release Terms: Used when the release is conditional upon certain events or future payments

5. Surviving Claims: Section identifying any claims or rights specifically excluded from the release

6. Insurance and WSIB Compliance: Additional confirmations regarding insurance and workplace safety compliance where required

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

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

2. Schedule B - Payment Summary: Breakdown of payments received and any remaining amounts

3. Schedule C - Subcontractor List: Complete list of subcontractors and suppliers with payment status

4. Schedule D - Outstanding Change Orders: List of any pending or recently completed change orders

5. Appendix 1 - Supporting Documents: Copies of relevant certificates, proof of payments, or other supporting documentation

6. Appendix 2 - Statutory Declaration: Standard form statutory declaration if required by jurisdiction

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

Construction

Real Estate Development

Commercial Property

Residential Development

Industrial Construction

Infrastructure Development

Institutional Construction

Mining

Oil and Gas

Renewable Energy

Relevant Teams

Legal

Construction Management

Project Management

Finance

Risk Management

Procurement

Real Estate

Operations

Contract Administration

Development

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Property Manager

Site Superintendent

Development Manager

Claims Manager

Risk Manager

Construction Coordinator

Procurement Manager

Finance Director

Real Estate 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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