The Unconditional Waiver And Release On Final Payment is a crucial document used in Canadian construction projects to formally conclude the payment obligations between parties. It is typically executed when a contractor, subcontractor, or supplier receives their final payment for work performed or materials supplied. This document differs from conditional waivers as it takes effect immediately upon execution, regardless of payment verification. It must comply with various provincial construction lien acts and prompt payment legislation across Canada. The document includes specific project details, payment information, and comprehensive release language that protects the paying party from future claims. It's particularly important in larger construction projects where multiple parties are involved and significant amounts are being paid. The document should be carefully reviewed as it typically waives substantial rights, including lien rights, payment claims, and other project-related claims, except for any specifically excluded items.
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1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers or identifiers
2. Parties: Identification of the waiving party (typically contractor/subcontractor) and the party receiving the waiver (typically owner/contractor)
3. Payment Amount: Specific reference to the final payment amount being received, including any previous payments if relevant
4. Waiver and Release Statement: Clear, unambiguous statement of unconditional waiver and release of lien rights and claims upon receipt of final payment
5. Scope of Release: Detailed description of what rights, claims, and liens are being waived and released
6. Exceptions: Standard exceptions to the release, if any (such as retention amounts or disputed claims specifically excluded)
7. Representations and Warranties: Statements confirming authority to execute the waiver and that all subcontractors and suppliers have been paid
8. Execution: Signature block, date, and any requirements for witnessing or notarization
1. Confirmation of Payments to Lower Tier Parties: Additional section required when there are subcontractors or suppliers who need to be explicitly addressed
2. Statutory Declarations: Required in some provinces to confirm all payments to subcontractors and suppliers
3. Holdback Release: Specific section addressing the release of statutory holdback when this is part of the final payment
4. Insurance Claims Waiver: Additional waiver of insurance-related claims when project insurance issues are relevant
5. Patent Release: Specific release of patent or intellectual property claims when design or specialized construction methods were involved
1. Schedule A - Payment Details: Detailed breakdown of the final payment amount, including any adjustments, deductions, or additions
2. Schedule B - Project Scope: Description of the work performed under the contract being released
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers who have provided waivers or who are covered by this release
4. Appendix 1 - Supporting Documents: Copies of relevant supporting documentation such as final payment applications or certificates
5. Appendix 2 - Prior Waivers: Copies of any previous progress payment waivers referenced in the final waiver
Relevant legal definitions
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Construction
Real Estate Development
Infrastructure
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Industrial Development
Residential Development
Mining
Oil and Gas
Renewable Energy
Public Works
Healthcare Construction
Educational Facilities
Retail Development
Relevant Teams
Legal
Finance
Operations
Project Management
Construction Management
Procurement
Accounts Payable
Risk Management
Contract Administration
Development
Relevant Roles
Project Manager
Construction Manager
Contract Administrator
Legal Counsel
Chief Financial Officer
Accounts Payable Manager
Project Coordinator
Construction Site Supervisor
Procurement Manager
Risk Manager
Claims Manager
Financial Controller
Development Manager
Operations Director
General Counsel
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