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Contractor Lien Waiver Template for Canada

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Key Requirements PROMPT example:

Contractor Lien Waiver

"I need a Contractor Lien Waiver for a commercial building project in Ontario, covering a progress payment of $250,000 to be made on March 15, 2025, with conditions that the waiver only takes effect upon receipt of payment and includes provisions for three subcontractors."

Document background
The Contractor Lien Waiver is a fundamental document in Canadian construction law, used to manage risk and ensure smooth payment processes in construction projects. It is typically required when contractors or subcontractors receive payment for completed work, either as progress payments or final payment. The document serves multiple purposes: it protects property owners from double payment claims, provides contractors with a standardized way to acknowledge payment receipt, and helps maintain clear payment records. The waiver must comply with specific provincial legislation, as construction lien laws vary across Canadian jurisdictions. Different forms of the waiver exist, including conditional (pending payment) and unconditional (after payment received) versions, and they may need to address statutory holdback requirements specific to each province.
Suggested Sections

1. Identification of Parties: Names and details of the Contractor/Subcontractor (Lien Claimant) and the Party obtaining the waiver (usually the Owner or General Contractor)

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

3. Definitions: Key terms used in the waiver including 'Lien Rights', 'Work Performed', 'Payment Amount', and other relevant terms

4. Payment Acknowledgment: Statement of the payment amount received or to be received in exchange for the lien waiver

5. Waiver Statement: Express waiver of lien rights and any claims related to the work performed up to the specified date

6. Work Period Coverage: Specific time period or work phase covered by the waiver

7. Representations and Warranties: Contractor's confirmation that they have authority to waive liens and that all subcontractors and suppliers have been paid

8. Execution: Signature blocks, date, and notary section if required by provincial law

Optional Sections

1. Conditional Payment Terms: Used in conditional waivers to specify that the waiver only takes effect upon receipt of payment

2. Reservation of Rights: Section preserving rights for retention, pending modifications, or disputed claims

3. Subcontractor Confirmation: Additional section for confirming payment to all subcontractors and suppliers when required

4. Progress Payment Specifics: Used when the waiver relates to a progress payment rather than final payment

5. Holdback Provisions: Special provisions relating to statutory holdback requirements when applicable

6. Sworn Statement: Additional sworn statements required in some jurisdictions or situations

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including original contract sum, change orders, and payments to date

2. Schedule B - Work Description: Detailed description of the work performed during the period covered by the waiver

3. Schedule C - Subcontractor List: List of all subcontractors and suppliers who have provided services or materials for the covered work

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

5. Appendix 2 - Provincial Requirements: Any additional forms or statements required by specific provincial legislation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




























Clauses






















Relevant Industries

Construction

Real Estate

Property Development

Infrastructure

Commercial Development

Residential Development

Industrial Construction

Mining

Oil & Gas

Healthcare Construction

Educational Facilities

Retail Development

Hospitality Construction

Municipal Development

Relevant Teams

Legal

Construction Management

Project Management

Finance

Risk Management

Procurement

Real Estate

Development

Operations

Accounting

Contract Administration

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Construction Manager

Property Developer

Site Supervisor

Finance Manager

Risk Manager

Claims Manager

Construction Coordinator

Procurement Manager

Real Estate Manager

Development Director

Construction Accountant

Project Controls 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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