The Full Unconditional Lien Waiver is a crucial document in Canadian construction projects that provides property owners and developers with assurance that they will not face future lien claims from contractors or suppliers. This document is typically required when progress payments or final payments are made on construction projects. It differs from conditional lien waivers in that it represents an absolute and irrevocable waiver of lien rights, usually executed only after payment has been received and cleared. The document must comply with provincial construction lien legislation, which varies across Canadian jurisdictions. It includes specific details about the project, payment information, and a clear waiver statement. This type of waiver is particularly important for maintaining clear title to property and is often required by lenders and title insurance companies.
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1. Project Identification: Details of the construction project including address, project name, and owner information
2. Contractor/Subcontractor Information: Full legal name and contact information of the party waiving their lien rights
3. Payment Information: Details of payments received, including amounts and dates
4. Waiver Statement: Clear and unequivocal statement waiving all lien rights related to the project
5. Scope of Work: Description of work performed or materials furnished for which payment has been received
6. Certification: Statement certifying that all subcontractors and suppliers have been paid
7. Execution: Signature block with date and notary section
1. Prior Lien Rights: Section addressing any previously filed liens that are being released, used when there are existing liens
2. Conditional Provisions: Any conditions that must be met for the waiver to become effective, used when payment is pending
3. Representations and Warranties: Additional statements about the contractor's authority and right to waive liens, used in complex projects
4. Holdback Provisions: Specific language regarding statutory holdback amounts, used when applicable under provincial law
5. Surviving Claims: Description of any claims that survive the waiver, used when certain rights are being preserved
1. Schedule A - Project Details: Detailed description of the project, including relevant plans and specifications
2. Schedule B - Payment History: Detailed breakdown of all payments received to date
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers who have provided services or materials
4. Appendix 1 - Supporting Documents: Copies of relevant invoices, payment confirmations, or other supporting documentation
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