Supplier Unconditional Lien Waiver for Canada

Supplier Unconditional Lien Waiver Template for Canada

A Supplier Unconditional Lien Waiver is a legally binding document used in Canadian construction projects where a supplier permanently and unconditionally waives their right to file a construction lien against a property for work completed or materials supplied, typically upon receipt of payment. This document is governed by provincial construction lien legislation across Canada, with specific requirements varying by province. It serves as a definitive acknowledgment that payment has been received and that the supplier relinquishes all lien rights related to the specific work or materials provided for the project period covered by the waiver.

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What is a Supplier Unconditional Lien Waiver?

The Supplier Unconditional Lien Waiver is a critical document in Canadian construction projects that helps maintain clear title to property and ensures smooth payment processes. This document is typically used after a supplier has received payment for their work or materials and is ready to permanently waive their right to file a construction lien. Unlike conditional waivers, this unconditional version takes effect immediately upon execution, regardless of future events. The document must comply with provincial construction lien legislation, which varies across Canadian jurisdictions. It includes essential information such as project details, payment amounts, and the scope of work covered by the waiver. This type of waiver is particularly important in construction projects where multiple suppliers and contractors are involved, as it helps maintain clear chains of title and facilitates project closeout procedures.

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

1. Parties: Identification of the Supplier (Lien Claimant) and the Party receiving the waiver (typically the General Contractor or Owner)

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

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

4. Waiver Statement: Clear and unequivocal statement waiving all lien rights related to the work or materials supplied

5. Scope of Waiver: Specific description of work, materials, or services covered by the waiver and the time period it relates to

6. Representations and Warranties: Supplier's confirmation that they have authority to waive lien rights and that all subcontractors or suppliers under them have been paid

7. Execution: Signature block, date, and witness or notary requirements as per provincial requirements

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

1. Conditional Provisions: Used when certain aspects of the waiver are conditional upon specific events or requirements being met

2. Reservation of Rights: Include when the supplier needs to reserve certain rights not related to the waived liens

3. Subcontractor Confirmation: Added when there are subcontractors or sub-suppliers whose rights need to be addressed

4. Governing Law: Include when the project spans multiple jurisdictions or when specific provincial law needs to be explicitly stated

5. Previous Payments: Added when there's a need to reference or acknowledge prior payments or partial lien waivers

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

1. Schedule A - Project Details: Detailed description of the project and scope of work covered by the waiver

2. Schedule B - Payment Details: Breakdown of payments received and corresponding invoices or work periods

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, if applicable

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

5. Appendix 2 - Corporate Authority: Evidence of signing authority's power to execute the waiver on behalf of the supplier company

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

Manufacturing

Industrial Supply

Commercial Development

Residential Development

Engineering Services

Building Materials

Construction Materials

Relevant Teams

Legal

Procurement

Finance

Construction Management

Project Management

Accounts Payable

Risk Management

Commercial

Supply Chain

Contract Administration

Relevant Roles

Construction Project Manager

Contract Administrator

Procurement Manager

Legal Counsel

Construction Manager

Supply Chain Manager

Chief Financial Officer

Accounts Payable Manager

Project Controller

Site Superintendent

General Contractor

Supplier Relations Manager

Risk Manager

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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