The Interim Lien Waiver is a standard document used in Canadian construction projects when partial payments are made to contractors or subcontractors. It serves as evidence that payment has been received for specific work completed up to a certain date, and in exchange, the contractor waives their right to file a construction lien for that particular portion of work. This document is particularly important in managing risk in construction projects across Canadian provinces, where construction lien rights are protected by provincial legislation. The Interim Lien Waiver typically includes details about the project, payment amount, payment period, and specifically preserves rights for future work, retainage, and pending change orders. It's crucial to note that this is not a final waiver and does not affect rights related to work performed after the specified date or unpaid amounts for the covered period.
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1. Project Identification: Details of the construction project including address, project name, and owner information
2. Parties: Identification of the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically owner/contractor)
3. Payment Information: Details of the payment received or to be received, including amount and payment period covered
4. Waiver Statement: Clear statement of the rights being waived, specifically for work completed and payments received up to the specified date
5. Reservation of Rights: Express preservation of rights for retainage, unbilled work, and future claims
6. Certification: Statement certifying that all subcontractors and suppliers have been paid for the period covered
7. Execution: Signature block with date and notary section if required by jurisdiction
1. Conditional Language: Section making the waiver conditional upon receipt of payment (used when payment has not yet been received)
2. Exception Schedule Reference: Reference to schedule of specific claims or rights being preserved (used when there are ongoing disputes or claims)
3. Additional Representations: Additional statements or warranties required by specific jurisdictions or project requirements
4. Insurance Confirmation: Confirmation of maintained insurance coverage (used when required by prime contract)
5. Previous Payments: Summary of previous payments received (used in complex projects with multiple payment phases)
1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including current payment and previous payments
2. Schedule B - Reserved Claims: List of specific claims or rights being reserved and not waived
3. Schedule C - Subcontractor List: List of subcontractors and suppliers who have provided lien waivers for this period
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