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A Lien Waiver is a legal document that releases a party's right to place a lien on property or assets after receiving payment for their work or materials. In Canadian construction projects, contractors, subcontractors, and suppliers commonly use these waivers to confirm they've been paid and won't make future claims against the property.

Think of it as a receipt that protects property owners from double payment while helping contractors get paid faster. When you sign a lien waiver, you're giving up your right to file a construction lien under provincial legislation like Ontario's Construction Act or British Columbia's Builders Lien Act. Most construction contracts require these waivers before releasing progress payments or final payment.

Use a Lien Waiver when you're paying contractors, subcontractors, or suppliers for completed work on your property in Canada. This is especially important during construction projects where multiple parties provide labor or materials. The ideal time to request a lien waiver is before releasing any payment - particularly for progress payments, final payments, or when closing out a project.

Getting signed lien waivers becomes crucial when selling property or refinancing, as lenders and buyers need proof that no contractors have outstanding claims. For major renovations or construction work, collect these waivers at each payment milestone. This prevents future claims and provides clear documentation that all parties have been properly compensated under provincial construction lien laws.

• Lien Release Waiver: Standard form used for general release of lien rights after payment, suitable for most construction scenarios
• Contractor Lien Release: Specifically designed for primary contractors releasing claims on completed work phases
• Property Lien Release Form: Used when clearing all claims against a specific property, often during sales or refinancing
• Subcontractor Lien Waiver Form: Tailored for subcontractors releasing claims for their portion of work
• Construction Waiver Form: Comprehensive version covering all construction-related claims and materials

• Property Owners: Request and collect Lien Waivers to protect against double payment claims and ensure clear property title
• General Contractors: Sign waivers to confirm payment receipt and provide them to subcontractors for project milestones
• Subcontractors: Execute waivers when receiving payment for completed work or supplied materials
• Material Suppliers: Provide waivers upon payment to release claims on delivered construction materials
• Construction Lenders: Require waivers before releasing construction loan payments to protect their security interest
• Real Estate Lawyers: Review and verify waivers during property transactions to ensure clear title transfer

• Project Details: Gather accurate property address, project description, and completion dates for work performed
• Payment Information: Document exact payment amounts, invoice numbers, and dates of service
• Party Information: Collect legal names and addresses of all involved parties (owner, contractor, subcontractors)
• Scope Definition: Clearly outline which work or materials the waiver covers
• Provincial Requirements: Check your province's construction lien act for specific form requirements
• Template Selection: Use our platform's customized templates to ensure all mandatory elements are included
• Signature Authority: Verify who has authority to sign the waiver for each party involved

• Party Identification: Full legal names and addresses of both the lien holder and property owner
• Property Description: Detailed legal description of the property where work was performed
• Payment Details: Specific amount received, payment date, and reference to related invoices
• Waiver Scope: Clear statement of rights being waived and work period covered
• Provincial Compliance: Reference to relevant provincial construction lien legislation
• Consideration Statement: Acknowledgment of payment received as legal consideration
• Signature Block: Date, authorized signatures, and witness requirements per province
• Notarization Space: Area for notary seal and signature where required by law

A Lien Waiver differs significantly from a Lien Notice in both purpose and timing within the construction payment process. While they're often mentioned together, they serve opposite functions in protecting parties' interests.

• Purpose and Effect: Lien Waivers release rights to claim payment after receiving compensation, while Lien Notices preserve rights to claim payment before work begins
• Timing of Use: Lien Waivers come after payment is received, whereas Lien Notices must be filed before or during work performance
• Legal Protection: Waivers protect property owners from future claims, while Notices protect contractors' rights to payment
• Duration: Waivers permanently release rights once signed, but Notices maintain rights for a specific statutory period
• Required Documentation: Waivers need proof of payment, while Notices require detailed work descriptions and estimated values