Subcontractor Affidavit And Waiver Of Lien for Canada

Subcontractor Affidavit And Waiver Of Lien Template for Canada

A Subcontractor Affidavit and Waiver of Lien is a legally binding document used throughout Canada's construction industry to verify payment status and waive lien rights for work completed on a construction project. The document serves dual purposes: as an affidavit, it provides sworn testimony regarding the status of payments and completion of work; as a lien waiver, it releases the contractor and property owner from potential lien claims for the specified work or payment period. This document must comply with provincial construction lien legislation and affidavit requirements, as each Canadian province maintains its own specific construction lien laws and regulations.

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What is a Subcontractor Affidavit And Waiver Of Lien?

The Subcontractor Affidavit And Waiver Of Lien is a fundamental document in Canadian construction law, used to manage risk and ensure smooth payment processes in construction projects. It becomes relevant when subcontractors need to confirm receipt of payment and waive their right to file a construction lien against the property. The document typically includes detailed information about the project, payment status, and explicit waiver language, and must be executed in accordance with provincial requirements for both affidavits and lien waivers. This document is particularly important for project payment flows, as general contractors and property owners often require these waivers before releasing progress or final payments. The affidavit portion provides additional security by requiring the subcontractor to make sworn statements about payment status and completion of work under penalty of perjury.

What sections should be included in a Subcontractor Affidavit And Waiver Of Lien?

1. Parties: Identification of the subcontractor making the affidavit and waiver, the general contractor, project owner, and other relevant parties

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

3. Background: Context of the subcontractor's work on the project and the purpose of the affidavit and waiver

4. Definitions: Key terms used in the document including 'Lien Rights', 'Project', 'Contract Work', and 'Payment Amount'

5. Attestation of Payment Status: Subcontractor's sworn statement regarding payments received and current payment status

6. Waiver Statement: Express waiver of lien rights and claims related to the work performed

7. Representations and Warranties: Subcontractor's confirmations regarding completion of work, payment to sub-subcontractors, and absence of claims

8. Sworn Statement: Formal declaration that all statements made are true and accurate

9. Execution: Signature block, notarization section, and witness requirements

What sections are optional to include in a Subcontractor Affidavit And Waiver Of Lien?

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of specified payment

2. Partial vs. Final Waiver Statement: Included when specifying whether the waiver applies to all work or only work through a specific date

3. Release of Additional Claims: Optional broader release of other claims beyond lien rights

4. Sub-subcontractor Certification: Added when confirmation of payment to sub-subcontractors is required

5. Insurance and Indemnification: Included when additional assurances regarding insurance coverage and indemnification are required

6. Progressive Payment Details: Used when the waiver relates to progress payments rather than final payment

What schedules should be included in a Subcontractor Affidavit And Waiver Of Lien?

1. Schedule A - Payment Details: Itemized list of payments received and outstanding amounts

2. Schedule B - Scope of Work: Detailed description of work performed under the contract

3. Schedule C - Sub-subcontractor List: List of all sub-subcontractors and suppliers with payment status

4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment confirmations, and other supporting documentation

5. Appendix 2 - Project Timeline: Timeline showing work completion dates and payment milestones

6. Appendix 3 - Notarial Certificates: Required notarial forms and certificates for the 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

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Mining

Oil & Gas

Healthcare Construction

Educational Facilities

Public Works

Transportation Infrastructure

Relevant Teams

Legal

Finance

Construction Management

Project Management

Contract Administration

Risk Management

Accounts Payable

Procurement

Operations

Site Management

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Construction Lawyer

Chief Financial Officer

Accounts Payable Manager

Construction Site Supervisor

Development Director

Property Manager

Claims Manager

Risk Manager

Procurement Manager

General Counsel

Construction Accountant

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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