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Subcontractor Conditional Lien Waiver Form Template for Canada

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Key Requirements PROMPT example:

Subcontractor Conditional Lien Waiver Form

"I need a Subcontractor Conditional Lien Waiver Form for an Ontario-based commercial construction project, covering a progress payment of $250,000 for electrical work completed through March 15, 2025, with specific provisions for retaining rights to claim for pending change orders."

Document background
The Subcontractor Conditional Lien Waiver Form is a crucial document in Canadian construction projects that helps manage risk and ensure smooth payment processes. It is typically used when a subcontractor is receiving progress payments or final payment for their work on a construction project. The document provides conditional waiver of the subcontractor's lien rights, meaning the waiver only becomes effective once the specified payment has been received and cleared. This form must comply with the specific requirements of provincial construction lien legislation, as each province has its own distinct lien laws and requirements. The document includes key information such as project details, payment amount, work period covered, and specific conditions for the waiver to take effect. It serves as a vital tool for maintaining clear payment records and protecting the interests of all parties involved in the construction project.
Suggested Sections

1. Project Identification: Details of the construction project including project name, address, and owner information

2. Parties: Identification of the subcontractor providing the waiver and the party receiving it, including full legal names and addresses

3. Payment Amount: Specific amount of payment upon which the waiver is conditional, including both numbers and words

4. Waiver Period: Clear specification of the time period covered by the lien waiver (e.g., through date of this waiver or specific date range)

5. Conditional Statement: Express statement that the waiver is conditional upon receipt and clearance of payment

6. Rights Reserved: Statement of any rights reserved by the subcontractor, including claims for retention, pending modifications, or disputed claims

7. Execution: Signature block with date, title of signatory, and any required witness or notary sections

Optional Sections

1. Previous Payments Received: Confirmation of prior payments received to date - include when required by provincial legislation or when dealing with progress payments

2. Provincial Compliance Statement: Specific language required by provincial lien legislation - include when operating in provinces with specific statutory requirements

3. Sworn Statement: Affidavit or sworn statement section - include when required by contract or local practice

4. Lower-tier Confirmation: Confirmation that all lower-tier subcontractors and suppliers have been paid - include when required by contract or when dealing with major subcontractors

Suggested Schedules

1. Schedule A - Payment Details: Detailed breakdown of payment amounts, including original contract sum, change orders, and current payment application

2. Schedule B - Project Scope: Detailed description of the work covered by the waiver, including specific trade or scope items

3. Appendix 1 - Supporting Documents: Copies of relevant payment applications, invoices, or other supporting documentation

4. Appendix 2 - Provincial Forms: Any required statutory forms or additional documentation required by specific provinces

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses















Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Industrial Development

Residential Development

Engineering

Mining

Oil and Gas

Renewable Energy

Relevant Teams

Legal

Finance

Construction Management

Project Controls

Procurement

Risk Management

Accounts Payable

Commercial

Project Management Office

Contract Administration

Relevant Roles

Construction Project Manager

Contract Administrator

Legal Counsel

Project Coordinator

Finance Manager

Accounts Payable Manager

Construction Site Supervisor

Risk Manager

Procurement Manager

Claims Manager

Commercial Manager

Project Controls Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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