The Lien And Claim Waiver is a crucial document used in Canadian construction projects to manage risk and ensure smooth payment processes. It is typically required before release of progress payments or final payment, where the paying party seeks protection against potential future liens or claims. The document must comply with provincial legislation such as Ontario's Construction Act or Alberta's Builders' Lien Act, with requirements varying by jurisdiction. The waiver can be conditional (pending payment) or unconditional (after payment received), and may be partial (covering specific work periods) or final (covering all work). It includes essential information such as project details, payment amounts, and specific rights being waived, serving as protection for both the paying party and the party providing the waiver.
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1. Parties: Identification of the waiving party (typically subcontractor/supplier) and the party receiving the waiver (typically contractor/owner)
2. Project Information: Details of the construction project including address, project name, and relevant contract numbers
3. Definitions: Key terms used in the waiver including 'Lien Rights', 'Claims', 'Project', 'Work' and 'Payment Amount'
4. Payment Acknowledgment: Confirmation of payments received and amounts covered by the waiver
5. Waiver and Release: Core section detailing the specific rights, claims, and liens being waived
6. Representations and Warranties: Statements confirming authority to waive, no prior assignments, and all payments to lower-tier parties
7. Governing Law: Specification of applicable provincial law and jurisdiction
8. Execution: Signature blocks, date, and notary section if required
1. Conditional Waiver Provisions: Used when the waiver is conditional upon receipt of payment, specifying the conditions that must be met
2. Reservation of Rights: Used when certain claims or rights are specifically preserved and not waived
3. Lower-tier Certifications: Added when confirmation of payments to subcontractors and suppliers is required
4. Progress Payment Details: Used for progress payment waivers to specify the time period or work covered
5. Sworn Statement: Added when a sworn statement regarding liens and claims is required by jurisdiction or contract
6. Trust Fund Provisions: Required in jurisdictions with construction trust fund requirements
1. Schedule A - Project Details: Detailed description of the project and work performed
2. Schedule B - Payment Summary: Breakdown of payments received, outstanding amounts, and covered work periods
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment confirmations, or other supporting documentation
5. Appendix 2 - Form Affidavit: Standard form affidavit required by specific jurisdictions
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