The Partial Lien Waiver Form is a fundamental document in Canadian construction law, used to manage lien rights and payment processes in construction projects. It serves as a critical tool for risk management and payment documentation, typically executed when a contractor, subcontractor, or supplier receives a progress payment but still has remaining work or payments to be completed. The form must comply with provincial legislation, such as Ontario's Construction Act or British Columbia's Builders Lien Act, and includes specific details about the project, payment received, and the extent of rights being waived. This document helps maintain clear payment records, prevents double payment claims, and provides security for project owners while protecting contractors' rights for future or unpaid work.
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1. Project Identification: Details of the construction project including project name, address, and any relevant project numbers
2. Parties: Identification of the waiving party (contractor/subcontractor/supplier) and the party receiving the waiver (owner/contractor)
3. Payment Acknowledgment: Specific details of the payment received, including amount, payment date, and payment period covered
4. Waiver Statement: Clear statement of what lien rights are being waived, specifically relating to work completed and payments received up to a specific date
5. Rights Reservation: Express reservation of lien rights for unpaid retainage, unbilled changes, and work performed after the waiver date
6. Warranties and Representations: Declarations that the waiving party has paid all subcontractors and suppliers for the work covered by the waiver
7. Execution: Signature block with date, witness requirements, and notarization section if required
1. Conditional Waiver Clause: Used when the waiver is conditional upon receipt of payment, stating that the waiver only becomes effective upon receipt of specified payment
2. Additional Beneficiaries: Required when the waiver needs to extend to additional parties such as lenders, sureties, or other stakeholders
3. Statutory Notices: Required in certain provinces where specific statutory language must be included in the waiver
4. Prior Rights Confirmation: Used when there's a need to confirm status of previously executed waivers or releases
5. Exceptions Schedule Reference: Used when there are specific claims or rights being preserved that need detailed description
1. Schedule A - Payment Details: Detailed breakdown of payment application, including original contract sum, change orders, and current payment amount
2. Schedule B - Outstanding Claims: List of any pending change orders, claims, or disputed amounts being preserved
3. Schedule C - Subcontractor List: List of all subcontractors and suppliers covered by the waiver, including payment status
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