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Subcontractor Waiver Template for Canada

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Key Requirements PROMPT example:

Subcontractor Waiver

"I need a Subcontractor Waiver for our Vancouver residential development project, where we're making the final payment of $250,000 to our electrical subcontractor in March 2025 and need them to waive all remaining claims and lien rights."

Document background
The Subcontractor Waiver is a critical document in Canadian construction projects, used when a subcontractor has completed work and received payment, or is about to receive payment. It provides protection to general contractors and property owners by obtaining a formal waiver of lien rights and other potential claims from subcontractors. The document must comply with provincial construction lien legislation, which varies by province but generally requires specific statutory language and timing requirements. A properly executed Subcontractor Waiver helps maintain smooth project progression by clearly documenting the status of payments and claims, while protecting all parties' interests. It typically includes details about the project, payment amounts, and confirmations regarding the status of payments to sub-subcontractors and suppliers.
Suggested Sections

1. Parties: Identification of the contractor, subcontractor, and project owner (if applicable)

2. Background: Context of the project, reference to the main contract and subcontract, and purpose of the waiver

3. Definitions: Definitions of key terms including 'Work', 'Project', 'Contract Price', 'Lien Rights', and other relevant terms

4. Scope of Waiver: Clear description of the specific rights being waived, including lien rights, claims, or demands

5. Payment Acknowledgment: Confirmation of payments received or to be received in consideration for the waiver

6. Representations and Warranties: Subcontractor's confirmations regarding completion of work, payment to sub-subcontractors, and absence of claims

7. Statutory Compliance: Acknowledgment of compliance with relevant provincial construction and lien legislation

8. Execution and Effect: Statement of when the waiver takes effect and its binding nature

Optional Sections

1. Conditional Provisions: Used when the waiver is conditional upon receipt of specific payment or fulfillment of certain conditions

2. Reservation of Rights: Include when certain rights need to be explicitly preserved despite the general waiver

3. Indemnification: Added when the subcontractor needs to indemnify the contractor against future claims

4. Insurance and Bonds: Include when there are specific insurance or bonding requirements related to the waiver

5. Dispute Resolution: Added when specific dispute resolution mechanisms need to be established

6. Sub-subcontractor Acknowledgments: Used when there are sub-subcontractors whose rights need to be addressed

Suggested Schedules

1. Schedule A - Project Details: Detailed description of the project and relevant contract information

2. Schedule B - Payment Details: Breakdown of payments received and outstanding amounts

3. Schedule C - List of Sub-subcontractors: List of all sub-subcontractors and suppliers, if applicable

4. Appendix 1 - Statutory Declaration: Standard form statutory declaration confirming payment to sub-subcontractors and suppliers

5. Appendix 2 - Release Forms: Standard form releases from sub-subcontractors and suppliers, if required

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

Mining

Oil and Gas

Manufacturing

Industrial Projects

Commercial Development

Residential Development

Engineering Services

Relevant Teams

Legal

Operations

Finance

Procurement

Risk Management

Commercial

Project Management

Construction Management

Contract Administration

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Chief Legal Officer

Operations Manager

Site Supervisor

Procurement Manager

Finance Manager

Risk Manager

Claims Manager

Commercial Manager

Development 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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