The Partial Waiver of Lien and Contractor's Affidavit is a crucial document in Canadian construction projects, required when contractors or subcontractors receive progress payments but haven't completed all work under their contract. This document is typically used during the construction phase of a project, when periodic payments are made according to the payment schedule. It provides protection for both the payor (usually the owner or general contractor) and the contractor by documenting the partial payment and corresponding partial lien waiver while maintaining lien rights for unpaid work. The document must comply with provincial construction lien legislation, such as Ontario's Construction Act or similar legislation in other provinces. The affidavit portion requires sworn statements before a notary public or commissioner of oaths, making it a formal legal document with serious implications for false statements.
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1. Identification of Parties: Names and details of the Contractor/Subcontractor (Affiant), Owner, and General Contractor if applicable
2. Project Information: Details of the construction project including address, project name, and contract reference numbers
3. Payment Acknowledgment: Specific amount received to date and the payment being acknowledged in this partial waiver
4. Waiver Statement: Formal waiver language for lien rights up to the specified date or payment amount
5. Reservation of Rights: Statement preserving lien rights for unpaid amounts and future work
6. Affidavit Statements: Sworn statements regarding work completed, materials supplied, and payments to subcontractors/suppliers
7. Execution Block: Signature lines for the contractor/subcontractor and notary public
1. Conditional Waiver Clause: Optional section making the waiver conditional upon receipt of payment - used when waiver is given before payment is received
2. Subcontractor/Supplier List: Detailed list of all subcontractors and suppliers - included when required by the owner or general contractor
3. Payment History: Detailed breakdown of previous payments - included for complex projects or when required by the owner
4. Insurance Confirmation: Statement confirming current insurance coverage - included when required by project requirements
5. Interim Lien Release from Sub-subcontractors: Additional releases from lower-tier contractors - included when dealing with major subcontractors
1. Schedule A - Project Details: Detailed description of the project scope and location
2. Schedule B - Payment Summary: Detailed breakdown of payments received and amounts still due
3. Schedule C - Subcontractor List: Complete list of all subcontractors and suppliers with payment status
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment applications, or other supporting documentation
5. Appendix 2 - Original Contract Reference: Reference details from the original contract pertinent to the waiver
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Construction
Real Estate Development
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Industrial Construction
Mining
Oil and Gas
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Healthcare Construction
Educational Facilities
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Relevant Teams
Legal
Finance
Construction Management
Project Management
Procurement
Risk Management
Accounts Payable
Contract Administration
Site Operations
Claims Management
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Chief Financial Officer
Accounts Payable Manager
Site Superintendent
Procurement Manager
Risk Manager
Claims Manager
Construction Lawyer
Project Coordinator
Finance Director
General Contractor
Subcontractor Manager
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