Partial Lien Waiver for Canada

Partial Lien Waiver Template for Canada

A Partial Lien Waiver is a legal document used in Canadian construction projects where a contractor, subcontractor, or supplier waives their lien rights for work completed and payments received up to a specific date or for a specific payment, while preserving their lien rights for future work or payments. The document complies with provincial construction lien legislation and serves as both a receipt for payment and a waiver of specific lien rights. It includes detailed information about the project, parties involved, payment amount, and the specific scope of work for which lien rights are being waived.

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What is a Partial Lien Waiver?

The Partial Lien Waiver is a crucial document in Canadian construction projects that helps maintain smooth payment flows while protecting the rights of all parties involved. It is typically used when partial payments are made during ongoing construction projects, where contractors, subcontractors, or suppliers need to acknowledge receipt of payment and waive their lien rights for that specific portion of work or payment period. This document must comply with the relevant provincial construction lien legislation, as lien laws in Canada are provincially regulated. The Partial Lien Waiver includes essential information such as project details, payment amounts, work completed, and specific rights being waived, while explicitly preserving lien rights for future work or unpaid amounts. It serves as both a payment receipt and a risk management tool, providing protection for property owners, developers, and lenders while ensuring proper payment flow through the construction pyramid.

What sections should be included in a Partial Lien Waiver?

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

2. Party Information: Full legal names and addresses of the waiving party (typically contractor/subcontractor) and the party receiving the waiver

3. Payment Details: Specific amount received or to be received, including payment date and payment period covered

4. Waiver Statement: Clear statement of the partial waiver of lien rights, specifying what rights are being waived and what rights are being reserved

5. Scope of Work: Description of the work or materials provided during the period covered by the waiver

6. Execution Block: Signature block including date, witness requirements if applicable, and notarization section if required

What sections are optional to include in a Partial Lien Waiver?

1. Conditional Language: Section making the waiver conditional upon receipt of payment, used when the waiver is signed before payment is received

2. Exceptions: Specific listing of any retained claims or rights not being waived, used when certain disputes or claims exist

3. Previous Payments: Summary of previous payments received, used for complex projects with multiple payment phases

4. Statutory Declarations: Required in some provinces, declaring that all subcontractors and suppliers have been paid

5. Corporate Authorization: Statement of authority to sign, used when the signer is not an obvious authorized representative

What schedules should be included in a Partial Lien Waiver?

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including any holdbacks or deductions

2. Schedule B - Work Description: Detailed description of work completed during the period covered by the waiver

3. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

4. Appendix 2 - Project Documentation: Relevant contract excerpts or project identification documents

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

Waiver

Cost

Free to use
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Mining

Oil & Gas

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality

Public Works

Relevant Teams

Legal

Finance

Construction Management

Project Management

Operations

Risk Management

Procurement

Accounts Payable

Contract Administration

Development

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Accounts Payable Manager

Construction Superintendent

Project Coordinator

Risk Manager

Claims Manager

Property Manager

Development Manager

Procurement Manager

Operations Director

Finance Director

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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