The Unconditional Partial Lien Waiver is a critical document in Canadian construction projects, typically used when partial payments are made during the course of construction. It provides assurance to property owners and lenders that they won't face lien claims for work that has been paid for, while allowing contractors and subcontractors to maintain lien rights for unpaid work. The document must comply with provincial construction lien legislation, such as Ontario's Construction Act or similar legislation in other provinces. This waiver is unconditional, meaning it takes effect immediately upon execution, regardless of whether the payment has cleared. It includes specific details about the project, payment amount, date, and scope of work covered by the waiver, making it essential for proper project documentation and risk management.
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1. Project Identification: Details of the construction project including project name, address, and owner information
2. Waiving Party Information: Full legal name and details of the party waiving their lien rights
3. Payment Information: Specific details of the payment received, including amount and date
4. Waiver Period: Clear specification of the time period covered by this partial waiver
5. Scope of Work Covered: Description of the specific work or materials for which the lien rights are being waived
6. Waiver Statement: Express unconditional waiver language releasing lien rights for the specified scope and period
7. Execution: Signature block with date and notary section
1. Conditional Provisions: Additional provisions that may be required by specific jurisdictions or project requirements
2. Reservation of Rights: Statement preserving rights for work or payments outside the scope of this waiver
3. Previous Payments Acknowledgment: Confirmation of receipt of all previous payments, used when required by the project owner
4. Warranty of Authority: Statement confirming the signing party's authority to execute the waiver, used for corporate entities
5. Subcontractor Confirmation: Statement confirming payment to subcontractors and suppliers, used when required by the project owner
1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed to date
2. Schedule B - Scope of Work: Detailed description of the work completed during the waiver period
3. Schedule C - Outstanding Claims: List of any preserved claims or rights not covered by this waiver
Relevant legal definitions
Project
Property
Contract
Work
Improvement
Payment Period
Through Date
Progress Payment
Lien Rights
Waiving Party
Owner
Contract Price
Payment Amount
Prior Rights
Construction Contract
Scope of Work
Waived Claims
Reserved Claims
Construction Lien
Builders' Lien
Prime Contract
Subcontract
Draw Request
Payment Application
Property
Contract
Work
Improvement
Payment Period
Through Date
Progress Payment
Lien Rights
Waiving Party
Owner
Contract Price
Payment Amount
Prior Rights
Construction Contract
Scope of Work
Waived Claims
Reserved Claims
Construction Lien
Builders' Lien
Prime Contract
Subcontract
Draw Request
Payment Application
Clauses
Relevant Industries
Commercial Construction
Residential Construction
Industrial Construction
Infrastructure Development
Real Estate Development
Mining
Oil and Gas
Healthcare Construction
Educational Facilities
Retail Construction
Relevant Teams
Legal
Finance
Project Management
Construction Management
Contract Administration
Risk Management
Accounts Payable
Document Control
Operations
Procurement
Relevant Roles
Construction Project Manager
Contract Administrator
Legal Counsel
Construction Manager
Project Coordinator
Chief Financial Officer
Accounts Payable Manager
Risk Manager
Claims Manager
Document Control Specialist
Project Director
Site Superintendent
Procurement Manager
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