Final Waiver Of Lien for Canada

Final Waiver Of Lien Template for Canada

A Final Waiver of Lien is a legal document used in Canadian construction projects to formally relinquish any lien rights that a contractor, subcontractor, or supplier may have against a property for work performed or materials supplied. This document is governed by provincial construction lien legislation, such as Ontario's Construction Act or Alberta's Builders' Lien Act, and serves as conclusive evidence that payment has been received and all lien rights are waived. The document typically includes detailed project information, payment confirmation, and explicit waiver language, ensuring clear documentation of the release of claims against the property.

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What is a Final Waiver Of Lien?

The Final Waiver of Lien is a crucial document in Canadian construction projects that provides legal assurance of payment completion and release of lien rights. It is typically used at the completion of a project or substantial portion thereof, when a contractor, subcontractor, or supplier has received final payment for their work or materials. The document serves as protection for property owners and lenders by ensuring that no future lien claims can be filed against the property for the work covered by the waiver. This document must comply with specific provincial requirements, as construction lien rights are governed by provincial legislation such as the Construction Act in Ontario or the Builders' Lien Act in other provinces. The Final Waiver of Lien includes critical information such as project details, payment confirmation, and explicit waiver language, making it an essential tool for project closeout and risk management.

What sections should be included in a Final Waiver Of Lien?

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

2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver

3. Payment Acknowledgment: Confirmation of receipt of payment amount and details of the payment being acknowledged

4. Waiver Statement: Clear and explicit waiver of lien rights and claims

5. Property Description: Legal description of the property against which the lien rights are being waived

6. Execution Block: Signature blocks, date, and notary section if required

What sections are optional to include in a Final Waiver Of Lien?

1. Conditional Payment Clause: Used when the waiver is conditional upon receipt of payment

2. Partial Waiver Specification: Used when waiving rights only for specific work or time periods

3. Reservation of Rights: Used when preserving certain rights or claims outside the scope of the waiver

4. Previous Payment History: Used when there's a need to document the history of payments received

5. Corporate Authorization: Used when the waiving party is a corporation requiring specific authorization statements

What schedules should be included in a Final Waiver Of Lien?

1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed

2. Schedule B - Project Scope: Detailed description of work or materials provided

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, purchase orders, or contracts

4. Appendix 2 - Corporate Resolution: If required, corporate authorization for executing the waiver

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

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Mining

Oil and Gas

Manufacturing

Municipal Development

Relevant Teams

Legal

Construction Management

Finance

Procurement

Risk Management

Project Management

Accounts Payable

Contract Administration

Development

Operations

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Risk Manager

Chief Financial Officer

Construction Site Supervisor

Procurement Manager

Claims Manager

Project Coordinator

Construction Accountant

General Counsel

Development Manager

Property Manager

Construction Finance 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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