Unconditional Waiver And Release On Final Payment Form for Canada

Unconditional Waiver And Release On Final Payment Form Template for Canada

A legal document used in Canadian construction projects that provides an unconditional and final waiver of a contractor's or subcontractor's right to file a construction lien or make any further claims against the project owner or upper-tier contractors upon receipt of final payment. This document complies with various provincial construction lien acts and serves as definitive evidence that all payment obligations have been satisfied. It provides essential protection for property owners and developers while offering clarity on the final settlement of all claims related to the construction project.

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What is a Unconditional Waiver And Release On Final Payment Form?

The Unconditional Waiver And Release On Final Payment Form is a crucial document in Canadian construction projects that marks the final settlement of payment obligations and release of lien rights. It is typically used when a contractor, subcontractor, or supplier receives their final payment for work performed or materials supplied on a construction project. The document must comply with provincial construction lien legislation, such as Ontario's Construction Act or British Columbia's Builders Lien Act. This form differs from conditional waivers as it becomes effective immediately upon execution, regardless of whether the payment has cleared the bank. It should include specific details about the project, parties involved, payment amount, and scope of the release. The document serves as protection for property owners and developers against future claims while providing clarity on the final settlement of all project-related obligations.

What sections should be included in a Unconditional Waiver And Release On Final Payment Form?

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

2. Parties: Identification of the Claimant (party giving the release) and the Customer/Owner (party receiving the release)

3. Payment Acknowledgment: Clear statement of the final payment amount received and date of receipt

4. Unconditional Release Statement: Explicit statement that the release is unconditional and effective immediately upon execution

5. Scope of Release: Detailed description of what claims and rights are being released, including lien rights, payment claims, and other demands

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

What sections are optional to include in a Unconditional Waiver And Release On Final Payment Form?

1. Prior Rights Reservation: Optional section preserving rights related to retained amounts or disputed claims, used when there are outstanding disputed amounts

2. Warranty Claims Exception: Optional carve-out for warranty claims that survive the release, used when ongoing warranty obligations exist

3. Change Order Reference: Optional section listing all relevant change orders included in the final payment, used for complex projects with multiple changes

4. Subcontractor Confirmation: Optional section confirming all subcontractors and suppliers have been paid, used when required by the owner/customer

What schedules should be included in a Unconditional Waiver And Release On Final Payment Form?

1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including original contract sum, change orders, and previous payments

2. Schedule B - Project Scope: Description of the work performed, used for complex projects to clearly define what work is covered by the release

3. Appendix 1 - Supporting Documents: Copies of relevant documents such as final invoice, payment confirmation, or certificate of completion

4. Appendix 2 - Statutory Declaration: Required in some jurisdictions, declaring all subcontractors and suppliers have been paid

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 Development

Residential Development

Industrial Construction

Mining

Oil and Gas

Public Works

Healthcare Construction

Educational Facilities

Retail Development

Relevant Teams

Legal

Finance

Construction Management

Project Controls

Procurement

Risk Management

Accounts Payable

Contract Administration

Project Management Office

Operations

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Chief Financial Officer

Accounts Payable Manager

Construction Lawyer

Risk Manager

Project Coordinator

Site Superintendent

Procurement Manager

Claims Manager

Legal Counsel

Finance Director

Construction Accountant

Project Control Specialist

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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