The Subcontractor Release And Waiver Of Liability Form is a critical document used in Canadian construction and development projects when a subcontractor's work is completed and final payment has been made. This document is typically executed at the conclusion of a project or specific scope of work, providing legal protection for the general contractor and project owner against future claims. It includes confirmation of payment receipt, release of lien rights, waiver of claims related to workplace injuries or damages, and acknowledgment of completed work. The form must comply with provincial construction laws, workplace safety regulations, and federal requirements. It's particularly important for risk management and project closeout procedures, often required before final payment release or as part of project completion documentation.
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1. Parties: Identifies and provides full legal names and addresses of all parties involved, including the contractor, subcontractor, and any other relevant parties
2. Background: Outlines the context of the relationship between the parties and the purpose of the release and waiver
3. Definitions: Defines key terms used throughout the document, including 'Services', 'Claims', 'Liabilities', and other relevant terms
4. Scope of Work: Describes the specific work or services performed by the subcontractor that is subject to this release
5. Consideration: States the payment or other consideration provided in exchange for the release
6. Release and Waiver: Core section detailing the specific claims, rights, and liabilities being released and waived
7. Representations and Warranties: Subcontractor's confirmation of completion of work, receipt of payment, and other relevant assurances
8. Governing Law: Specifies that the agreement is governed by Canadian law and the specific provincial jurisdiction
9. Execution: Signature block with date and witness provisions
1. Insurance Provisions: Include when specific insurance requirements need to be acknowledged or confirmed
2. Workplace Safety Compliance: Include when the work involved specific safety requirements or certifications
3. Intellectual Property Rights: Include when the subcontractor's work involved creation of intellectual property
4. Confidentiality: Include when the subcontractor had access to confidential information
5. Future Claims: Include specific provisions for potential future claims if relevant to the project
6. Third Party Rights: Include when there are third parties who might be affected by the release
7. Severability: Include when there's a need to ensure partial invalidity doesn't affect the entire agreement
8. Survival: Include when certain obligations need to survive the release
1. Schedule A - Project Details: Detailed description of the project or work performed
2. Schedule B - Payment Confirmation: Details of payments made and confirmation of final payment
3. Schedule C - Statutory Declaration: Statutory declaration confirming payment to sub-subcontractors and suppliers
4. Appendix 1 - Safety Certificates: Copies of relevant safety certificates and compliance documents
5. Appendix 2 - Insurance Certificates: Copies of insurance certificates and coverage details
Relevant legal definitions
Clauses
Relevant Industries
Construction
Real Estate Development
Infrastructure
Commercial Property
Residential Development
Industrial Construction
Mining
Oil and Gas
Renewable Energy
Transportation
Municipal Development
Healthcare Construction
Educational Facilities
Retail Development
Relevant Teams
Legal
Operations
Construction Management
Risk Management
Procurement
Finance
Project Management
Compliance
Contract Administration
Insurance
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Risk Manager
Site Superintendent
Procurement Manager
Operations Director
Chief Financial Officer
Construction Coordinator
Project Coordinator
Claims Manager
Insurance Manager
Compliance Officer
General Counsel
Project Controller
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