The Affidavit And Waiver of Lien is a fundamental document in Canadian construction law, used when contractors, subcontractors, or suppliers need to formally acknowledge payment receipt and waive their lien rights. This document is particularly important in construction project closures and payment processes, as it provides protection for property owners and helps maintain clear title to the property. The document must comply with provincial construction lien legislation, such as Ontario's Construction Act or similar acts in other provinces, as well as federal requirements for sworn statements. It typically includes details about the project, payment information, and explicit waiver language. The document can be either a final waiver (covering all work) or a partial waiver (covering specific payment periods), and it's often required by property owners, general contractors, or lending institutions before releasing construction payments.
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1. Title and Jurisdiction: Clearly states this is an Affidavit and Waiver of Lien and the jurisdiction where it's being executed
2. Affiant Information: Identifies the person making the affidavit, including their role and authority
3. Project Identification: Details of the construction project, including property address and legal description
4. Contract Details: Information about the original contract, including parties, dates, and scope of work
5. Payment Declaration: Statement of payments received and current payment status
6. Lien Waiver Statement: Explicit waiver of lien rights and release of claims
7. Sworn Statement: Formal declaration that all statements are true
8. Execution Block: Space for signature, notary attestation, and seal
1. Subcontractor Confirmation: Statement confirming all subcontractors and suppliers have been paid (used when affiant is a general contractor)
2. Partial Waiver Provisions: Specific details about what portion of work/payment this waiver covers (used for partial waivers)
3. Conditional Waiver Terms: Conditions that must be met for the waiver to take effect (used for conditional waivers)
4. Reservation of Rights: Statement preserving certain rights or claims (used when not all rights are being waived)
5. Prior Lien Releases: Reference to previous lien waivers if this is part of a series (used for progressive payments)
1. Schedule A - Property Description: Detailed legal description of the property
2. Schedule B - Payment Details: Breakdown of payments received and outstanding amounts
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers with payment status (if applicable)
4. Schedule D - Project Scope: Detailed description of work performed or materials supplied
5. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment records, or other supporting documentation
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