Partial Unconditional Lien Waiver for Canada

Partial Unconditional Lien Waiver Template for Canada

A Partial Unconditional Lien Waiver is a legal document used in Canadian construction projects to release lien rights for specific completed work and received payments up to a certain date, while preserving rights for future work and payments. This document, governed by provincial construction lien legislation such as Ontario's Construction Act or similar laws in other provinces, provides property owners and contractors with assurance that no liens will be filed for work that has been paid for, while allowing the project to continue with future lien rights intact. It serves as a crucial tool in construction payment management and risk mitigation.

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What is a Partial Unconditional Lien Waiver?

The Partial Unconditional Lien Waiver is a standard document used in Canadian construction projects when partial payments are made for completed work. This document is required when a contractor, subcontractor, or supplier has received payment for a portion of their work and needs to provide assurance that they waive their lien rights for that specific payment only. The waiver becomes effective immediately upon execution, unlike conditional waivers that depend on future events. It must comply with provincial construction lien legislation and typically includes details such as the project information, payment amount received, and date through which lien rights are waived. The document is particularly important in larger construction projects where progress payments are common and multiple parties need to manage their lien rights throughout the project duration.

What sections should be included in a Partial Unconditional Lien Waiver?

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

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

3. Payment Acknowledgment: Specific details of the payment received, including amount and date, for which the lien rights are being waived

4. Waiver Statement: Clear and unequivocal statement waiving and releasing lien rights for work completed and payments received through the specified date

5. Reservation of Rights: Statement preserving lien rights for any unpaid amounts or work completed after the specified date

6. Execution: Signature block with date and notary section if required by jurisdiction

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

1. Prior Rights Waiver: Additional waiver of rights related to previous payments or claims, used when there's a history of previous payments requiring confirmation

2. Conditional Provisions: Any conditions that must be met for the waiver to take effect, such as actual receipt of payment, used when required by specific circumstance

3. Authorized Representative Certification: Additional certification of authority when signed by representative rather than principal

4. Insurance Claims Waiver: Waiver of insurance-related claims, used when project involves significant insurance components

5. Witness Requirements: Additional witness signatures section, used when required by specific provincial legislation

What schedules should be included in a Partial Unconditional Lien Waiver?

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

2. Schedule B - Project Scope: Description of the specific work or materials provided under the contract

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

4. Appendix 2 - Corporate Authorization: If required, corporate resolution or other authorization documents confirming signing authority

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

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Mining

Oil and Gas

Public Works

Healthcare Construction

Relevant Teams

Legal

Finance

Project Management

Construction Management

Risk Management

Commercial

Operations

Procurement

Accounts Payable

Document Control

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Development Manager

Construction Supervisor

Procurement Manager

Risk Manager

Claims Manager

Account Manager

Project Coordinator

Construction Controller

Site Superintendent

Commercial 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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