The Homeowner Lien Waiver Form is a crucial document in Canadian residential construction projects that protects both property owners and contractors. It is typically used upon completion of construction work or at specific payment milestones, where contractors, subcontractors, or suppliers waive their right to file a construction lien against the property in exchange for payment. This document must comply with provincial legislation, such as the Construction Act in Ontario or the Builders' Lien Act in other provinces, which govern the creation, preservation, and release of construction liens. The form includes essential information such as project details, payment amounts, and party identification, and may need to be notarized depending on provincial requirements. It serves as evidence that proper payment has been made and that the contractor has relinquished their lien rights, helping prevent future disputes and ensuring clear property title.
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1. Project Identification: Details of the property address, project description, and any relevant permit numbers or project identifiers
2. Parties: Full legal names and addresses of the homeowner (property owner) and the contractor/subcontractor waiving the lien rights
3. Payment Acknowledgment: Statement confirming the amount received or to be received as consideration for the lien waiver
4. Waiver Statement: Clear and unambiguous language waiving and releasing any and all lien rights related to the project
5. Scope of Work: Description of the work performed or materials supplied that are subject to the lien waiver
6. Execution: Date and signature blocks for all required parties, including witness signatures if required by provincial law
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met for the waiver to take effect
2. Reservation of Rights: Include when the contractor wishes to reserve certain rights or claims not related to the lien being waived
3. Previous Payments Acknowledgment: Add when there have been previous payments and partial lien waivers, documenting the payment history
4. Sworn Statement: Include when provincial law requires the waiver to be in the form of a sworn statement or affidavit
1. Schedule A - Project Details: Detailed description of the project scope, including specific work performed and materials supplied
2. Schedule B - Payment History: Itemized list of all payments made and received to date, including any outstanding amounts
3. Appendix 1 - Supporting Documents: Copies of relevant permits, contracts, or other documents referenced in the waiver
4. Appendix 2 - Proof of Payment: Copies of checks, payment confirmations, or other evidence of payment when required
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