The Partial Release of Lien Form is a crucial document in Canadian construction law, used when a contractor, subcontractor, or supplier has received partial payment for their work or materials and agrees to release their lien rights proportionally. This document becomes necessary in scenarios where progressive payments are made on construction projects, allowing for the gradual release of liens as payments are received. The form must comply with provincial legislation such as the Construction Act (Ontario) or equivalent Builders' Lien Acts in other provinces. It typically includes details of the original lien registration, property description, parties involved, amount being released, and remaining lien amount. The document requires proper execution and registration with the land registry office to be legally effective.
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1. Title and Registration Information: Document title, registration number of original lien, and land registry office information
2. Project Identification: Legal description of the property and project details where the lien was registered
3. Lien Claimant Details: Full legal name and address of the party who registered the original lien
4. Owner/Contractor Information: Details of the property owner and/or general contractor against whom the lien was registered
5. Original Lien Amount: Statement of the total amount of the original lien
6. Release Amount: Clear specification of the amount being released through this partial release
7. Remaining Lien Amount: Statement of the amount that remains subject to the lien after this partial release
8. Release Statement: Formal statement partially releasing the lien rights to the specified extent
9. Execution Block: Signature block including date, witness requirements, and notary/commissioner details
1. Consideration Statement: Statement acknowledging receipt of payment or other consideration - include when payment has already been received
2. Conditional Release Language: Additional terms making the release conditional upon receipt of payment - include when release is being provided before payment
3. Preservation of Rights: Explicit statement preserving rights for future claims - include when there are potential future claims beyond the remaining lien amount
4. Corporate Authorization: Statement of authority to sign - include when the lien claimant is a corporation
1. Schedule A - Property Description: Detailed legal description of the property if too lengthy to include in main document
2. Schedule B - Payment Details: Breakdown of payments received and remaining amounts if complex payment structure exists
3. Schedule C - Supporting Documents: Copies of relevant payment certificates or other documents supporting the partial release
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