The Unconditional Lien Release Form is a crucial document in Canadian construction law, used when a contractor, subcontractor, or supplier has received payment for work performed or materials supplied and is willing to permanently waive their lien rights. This document is typically required before final payment is released or as part of progressive payments in construction projects. The form must comply with specific provincial requirements, as construction liens fall under provincial jurisdiction in Canada. It provides certainty to project owners and upper-tier contractors that they won't face future lien claims for work that has been paid for. The document is particularly important in complex construction projects where multiple contractors and suppliers are involved, as it helps maintain clear payment records and prevents double payment scenarios.
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1. Project Identification: Details of the construction project including address, legal description, and project name
2. Parties: Identification of the lien claimant and the party to whom the release is given
3. Payment Acknowledgment: Confirmation of receipt of payment amount and details of the payment being acknowledged
4. Lien Rights Release: Clear and unequivocal language releasing all lien rights related to the project up to a specific date
5. Warranty of Authority: Statement confirming the signing party's authority to execute the release
6. Execution Block: Signature lines, dates, and notary section if required
1. Partial vs. Final Release Statement: Used when specifying whether this is a final release or only releases rights up to a certain date or progress payment
2. Conditional Language Deletion: Statement explicitly deleting any conditional language, used in jurisdictions requiring specific unconditional release language
3. Release of Bond Rights: Additional language releasing rights against any payment or performance bonds, used when bond claims are involved
4. Subordinate Liens Acknowledgment: Statement addressing release of rights by subcontractors or suppliers, used when releasing rights on behalf of lower-tier parties
5. Previous Payments Acknowledgment: Confirmation of receipt of all previous payments, used in final releases
1. Schedule A - Property Description: Detailed legal description of the property if too lengthy for main document
2. Schedule B - Payment Details: Itemized list of payments received and work performed covered by the release
3. Schedule C - Project Identification Documents: Copies of relevant project documents, permits, or contract numbers for reference
4. Appendix 1 - Corporate Authorization: If required, corporate resolution or other authorization documents proving signer's authority
5. Appendix 2 - Original Lien Documentation: Copies of original lien filings or registrations being released
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Industrial Manufacturing
Mining
Oil and Gas
Residential Development
Healthcare Facilities
Educational Institutions
Retail Development
Hospitality
Municipal Development
Relevant Teams
Legal
Construction Management
Contract Administration
Finance
Procurement
Risk Management
Project Controls
Accounts Payable
Operations
Site Management
Relevant Roles
Construction Project Manager
Contract Administrator
Legal Counsel
Construction Site Supervisor
Procurement Manager
Claims Manager
Risk Manager
Finance Director
Construction Lawyer
Property Developer
General Contractor
Subcontractor Manager
Accounts Payable Manager
Project Controls Manager
Construction Financial Manager
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