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Subcontractor Lien Waiver Form Template for Canada

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Key Requirements PROMPT example:

Subcontractor Lien Waiver Form

"I need a Subcontractor Lien Waiver Form for an Ontario-based commercial construction project, with conditional waiver terms pending the receipt of a final payment of $250,000 scheduled for March 15, 2025."

Document background
The Subcontractor Lien Waiver Form is a standard document used in Canadian construction projects to manage lien rights and payment verification. It is typically required before release of progress payments or final payment to subcontractors, ensuring that the payment chain remains transparent and protected. The form must comply with specific provincial requirements, such as those outlined in Ontario's Construction Act or similar provincial legislation. The document includes details about the project, payment amount, and scope of work being waived, and may be either conditional (pending payment) or unconditional (after payment received). It serves as protection for property owners and general contractors while providing a clear record of payments and lien rights for subcontractors.
Suggested Sections

1. Project Information: Details of the construction project including project name, address, and owner information

2. Parties: Identification of the subcontractor providing the waiver and the contractor receiving it

3. Payment Information: Details of the payment received or to be received, including amount and payment period

4. Waiver Statement: Clear statement of the rights being waived, including lien rights and claims

5. Scope of Work: Description of the work performed that relates to this waiver

6. Certification: Subcontractor's certification that all payments to sub-subcontractors and suppliers have been made

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

Optional Sections

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

2. Reservation of Rights: Used when certain claims or rights are specifically excluded from the waiver

3. Previously Paid Amounts: Used in progress payment waivers to acknowledge prior payments received

4. Warranty of Title: Additional warranties regarding title to materials and work, used in more comprehensive waivers

5. Insurance and Indemnification: Used when additional protection is required regarding third-party claims

Suggested Schedules

1. Schedule A - Payment History: Detailed breakdown of all payments received to date on the project

2. Schedule B - Outstanding Claims: List of any preserved claims or rights not covered by the waiver

3. Schedule C - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation

4. Appendix 1 - Statutory Declaration: Required in some jurisdictions, declaring all subcontractors and suppliers have been paid

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



























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Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Mining

Oil and Gas

Government/Public Works

Healthcare Construction

Education Construction

Relevant Teams

Legal

Finance

Construction Management

Project Management

Procurement

Risk Management

Accounts Payable

Contract Administration

Relevant Roles

Construction Project Manager

Contracts Administrator

Legal Counsel

Construction Site Supervisor

Chief Financial Officer

Accounts Payable Manager

Project Coordinator

Construction Manager

Risk Manager

Claims Manager

Procurement Manager

Property 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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