Waiver And Release Of Lien And Affidavit Of Final Payment for Canada

Waiver And Release Of Lien And Affidavit Of Final Payment Template for Canada

A Canadian legal document that combines a waiver of construction lien rights with a sworn affidavit confirming receipt of final payment. This document serves two crucial functions: first, it releases any rights to file a construction lien against the property, and second, it provides a sworn statement confirming that all payments have been received and all subcontractors and suppliers have been paid in full. The document must comply with specific provincial requirements, as construction lien legislation varies across Canadian provinces, and typically requires notarization or commissioning to be legally valid.

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What is a Waiver And Release Of Lien And Affidavit Of Final Payment?

The Waiver And Release Of Lien And Affidavit Of Final Payment is a fundamental document in Canadian construction law, used at the completion of construction projects or specific phases of work. It becomes relevant when a contractor, subcontractor, or supplier has completed their work and received final payment, serving as formal confirmation that all financial obligations have been met and that they waive their right to file any future liens against the property. This document is particularly critical in protecting property owners and general contractors from future lien claims while providing evidence of payment completion. The requirements and format vary by province, as each Canadian jurisdiction has its own construction lien legislation. The document must typically be properly witnessed by a notary public or commissioner of oaths to be legally enforceable.

What sections should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Parties: Identification of the party providing the waiver (typically contractor/subcontractor) and the party receiving it (typically owner/general contractor)

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

3. Definitions: Key terms used in the document including 'Lien Rights', 'Contract', 'Project', and 'Final Payment'

4. Payment Acknowledgment: Declaration of the amount received as final payment and confirmation that it represents all amounts due

5. Waiver of Lien: Explicit waiver of all lien rights related to the project and confirmation that no liens have been filed

6. Release of Claims: General release of all claims against the owner/contractor related to the project

7. Affidavit Statements: Sworn statements confirming all subcontractors and suppliers have been paid in full

8. Indemnification: Agreement to indemnify the owner/contractor against any future lien claims

9. Execution: Signature blocks, notarization requirements, and witness provisions

What sections are optional to include in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of final payment, specifying the conditions that must be met

2. Reservation of Rights: Used when certain rights need to be preserved despite the general waiver

3. Payment Details: Detailed breakdown of payments received to date and final payment amount, used when required by provincial legislation

4. Subcontractor Confirmation: List of all subcontractors and suppliers with confirmation of their payment status, used for larger projects

5. Statutory Declarations: Additional statutory declarations required by specific provinces or project requirements

What schedules should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

1. Schedule A - Project Details: Detailed description of the project scope and location

2. Schedule B - Payment Summary: Detailed breakdown of all payments received and final payment amount

3. Schedule C - Subcontractor List: Complete list of all subcontractors and suppliers with payment status

4. Appendix 1 - Supporting Documents: Copies of final payment checks, receipts, or other payment evidence

5. Appendix 2 - Lien Search Results: Results of lien searches confirming no outstanding liens

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

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Lien Waiver (Real Estate)

A Canadian legal document where a party waives their right to file a construction lien on a property, typically used in construction projects across Canadian provinces to acknowledge payment and release lien rights.

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What is a Waiver And Release Of Lien And Affidavit Of Final Payment?

What sections should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

What sections are optional to include in a Waiver And Release Of Lien And Affidavit Of Final Payment?

What schedules should be included in a Waiver And Release Of Lien And Affidavit Of Final Payment?

Authors

Alex Denne

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