The Affidavit And Waiver Of Lien Form is a crucial document in Canadian construction law, used to manage risk and ensure clear documentation of payments and lien rights in construction projects. It serves dual purposes: as a sworn statement confirming receipt of payment and as a formal waiver of the right to file a construction lien against the property. This document is typically required when making progress payments or final payments on construction projects, protecting property owners from future lien claims while providing contractors and subcontractors with a standardized method of acknowledging payment. The form must comply with provincial construction lien legislation, which varies by jurisdiction, and must be properly sworn before a commissioner for oaths or notary public to be legally valid.
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1. Title and Introduction: Formal title of the document and introduction stating this is an affidavit and lien waiver
2. Affiant Information: Full legal name, address, and occupation of the person making the affidavit
3. Project Identification: Details of the construction project including address, legal description, and project name
4. Contract Information: Details of the contract or agreement under which work was performed
5. Payment Confirmation: Statement confirming receipt of payment and the amount received
6. Lien Waiver Statement: Express waiver of lien rights and release of claims
7. Sworn Statement: Formal declaration that the statements made are true
8. Execution Block: Signature blocks for the affiant and the commissioner for oaths
1. Partial Payment Details: Used when the waiver relates to a partial payment rather than final payment
2. Conditional Waiver Language: Used when the waiver is conditional upon receipt of payment
3. Corporate Authority: Required when the affiant is signing on behalf of a corporation
4. Additional Claims Waiver: Optional broader waiver of other claims beyond lien rights
5. Witness Requirements: Additional witness section required in some jurisdictions
1. Schedule A - Property Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Payment Details: Breakdown of payments received and remaining amounts if applicable
3. Schedule C - Scope of Work: Detailed description of work performed if too lengthy for main document
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment receipts, or other supporting documentation
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