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Subcontractor Waiver Form Template for Canada

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Key Requirements PROMPT example:

Subcontractor Waiver Form

"I need a Subcontractor Waiver Form for a commercial construction project in Ontario, specifically for a final payment release of $250,000 scheduled for March 2025, with additional provisions for sub-subcontractor certifications."

Document background
The Subcontractor Waiver Form is a crucial document in Canadian construction projects that provides legal protection for property owners, general contractors, and project stakeholders. It is typically used when making progress payments or final payments to subcontractors, requiring them to waive their lien rights in exchange for payment. The document must comply with specific provincial requirements, such as Ontario's Construction Act or similar legislation in other provinces. The waiver form includes detailed information about the project, payment amounts, and the specific rights being waived. It serves as protection against potential future liens or claims and is often required by project owners, lenders, or title insurance companies as a condition of releasing payments or providing financing. The form can be either conditional (pending payment) or unconditional (after payment received), and may be partial (for specific payment) or final (for complete project completion).
Suggested Sections

1. Identification of Parties: Names and details of the general contractor and subcontractor, including business addresses and registration numbers

2. Project Information: Details of the construction project, including location, project name, and contract reference numbers

3. Payment Acknowledgment: Confirmation of payments received and amounts covered by the waiver

4. Waiver Statement: Express waiver language releasing lien rights and claims up to the specified date or payment amount

5. Representations and Warranties: Subcontractor's confirmation that all suppliers and sub-subcontractors have been paid

6. Execution: Signature block, witnessing requirements, and date of execution

Optional Sections

1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment

2. Partial vs. Final Waiver: Specific language indicating whether this is a partial or final waiver of lien rights

3. Retained Rights: Section specifying any rights the subcontractor is explicitly not waiving

4. Lower-tier Certifications: Required when there are sub-subcontractors who need to provide separate waivers

5. Insurance and Indemnification: Additional provisions regarding ongoing insurance obligations and indemnification

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payments received and covered by the waiver

2. Schedule B - Project Scope: Description of the subcontractor's scope of work related to the waiver

3. Appendix 1 - Supporting Documentation: Copies of relevant payment receipts, invoices, or other supporting documents

4. Appendix 2 - Sub-subcontractor Waivers: Attached waivers from any sub-subcontractors or suppliers, if applicable

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

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Industrial Construction

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Mining

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Relevant Teams

Legal

Finance

Procurement

Project Management

Construction Operations

Risk Management

Accounts Payable

Document Control

Compliance

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Risk Manager

Chief Financial Officer

Accounts Payable Manager

Construction Site Supervisor

Procurement Manager

Claims Manager

Document Control Specialist

Compliance Officer

Industries







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