A Full And Final Unconditional Lien Waiver is utilized in Canadian construction projects when a contractor, subcontractor, or supplier has received all payments due and is ready to permanently waive their right to file a construction lien. This document is typically required during project closeout or final payment stages and serves as definitive proof that all payment obligations have been met. The waiver must comply with provincial legislation, as lien rights in Canada are governed at the provincial level. The document includes specific details about the project, parties involved, payment amounts received, and contains clear language permanently waiving all lien rights without any conditions. It's particularly crucial for property owners and developers as it helps ensure clear title to the property and prevents future lien claims.
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1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers
2. Parties: Identification of the waiving party (typically contractor/subcontractor/supplier) and the party receiving the waiver (typically owner/contractor)
3. Payment Acknowledgment: Statement acknowledging receipt of payment, including specific amount received
4. Waiver Declaration: Clear and unequivocal statement waiving and releasing all lien rights related to the project
5. Scope of Waiver: Detailed description of what claims and rights are being waived, including through what date
6. Certification: Statement certifying that all subcontractors and suppliers have been paid
7. Execution: Signature block with date and notary section if required by jurisdiction
1. Exceptions and Reservations: Optional section listing any specific claims or rights that are explicitly not being waived, used when certain disputes or claims need to be preserved
2. Conditional Provisions: Used only if any aspects of the waiver are conditional upon specific events or actions
3. Additional Representations: Extra warranties or representations required by specific circumstances or jurisdictions
4. Insurance Claims Reservation: Optional preservation of rights related to insurance claims, used when insurance matters are pending
1. Schedule A - Payment Details: Detailed breakdown of payments received and work completed, including relevant invoices
2. Schedule B - Project Scope: Detailed description of work performed and materials supplied that are covered by the waiver
3. Appendix 1 - Supporting Documents: Copies of relevant payment receipts, invoices, or other supporting documentation
4. Appendix 2 - Statutory Form: Any statutory forms required by the jurisdiction, if applicable
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