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Conditional Waiver And Release On Progress Payment Form for Canada

Conditional Waiver And Release On Progress Payment Form Template for Canada

A Conditional Waiver and Release on Progress Payment Form is a legally binding document used in Canadian construction projects to waive certain lien rights and claims, contingent upon the receipt of a specific progress payment. This document, compliant with various provincial construction lien acts and the Federal Prompt Payment for Construction Work Act where applicable, provides protection for both paying and receiving parties by ensuring that lien rights are only released once the specified payment has been received and cleared. The form is a crucial tool in construction payment management, helping to maintain smooth payment flows while protecting the rights of all parties involved in the construction process.

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What is a Conditional Waiver And Release On Progress Payment Form?

The Conditional Waiver And Release On Progress Payment Form is a standard document used throughout Canadian construction projects to facilitate the payment process while protecting the interests of all parties involved. This form is typically used when a contractor, subcontractor, or supplier is receiving a progress payment but wants to ensure their lien rights are only waived upon actual receipt of payment. The document specifies the payment amount, the project details, and the scope of the waiver, becoming effective only when the specified payment is received and cleared. It complies with various provincial construction lien acts and prompt payment legislation, making it a crucial tool in construction payment management. The conditional nature of the waiver provides security for the releasing party, as their rights are preserved until payment is actually received, while also giving the paying party assurance that lien rights will be waived once payment is completed.

What sections should be included in a Conditional Waiver And Release On Progress Payment Form?

1. Project Identification: Details of the construction project including project name, address, and owner information

2. Party Information: Identification of the claimant (party giving the waiver) and the party receiving the waiver

3. Payment Details: Specific information about the progress payment amount, payment period, and through date

4. Conditional Waiver Statement: Clear statement that the waiver and release are conditional upon receipt of the specified payment

5. Rights Being Waived: Explicit description of the lien rights and claims being waived upon receipt of payment

6. Effective Date: Statement of when the waiver becomes effective (upon receipt of payment)

7. Signature Block: Space for dated signatures, including claimant's authorized representative information

What sections are optional to include in a Conditional Waiver And Release On Progress Payment Form?

1. Exceptions and Reservations: List of specific claims or rights being reserved or excluded from the waiver (used when certain claims need to be preserved)

2. Progress Payment Breakdown: Detailed breakdown of the progress payment components (used for complex payment structures or when required by contract)

3. Prior Rights Reservation: Statement preserving rights related to prior progress payments or retainage (used when there are outstanding prior payments)

4. Notarization Block: Space for notary acknowledgment (used when required by jurisdiction or contract)

What schedules should be included in a Conditional Waiver And Release On Progress Payment Form?

1. Schedule A - Payment Details: Detailed breakdown of the progress payment amount and calculation (if not included in main form)

2. Schedule B - Project Scope: Description of the specific work or materials covered by this waiver and release

3. Appendix 1 - Supporting Documents: List of relevant invoices, payment applications, or other documents referenced in the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Release of Lien

Cost

Free to use
Relevant legal definitions
























Clauses















Relevant Industries

Construction

Real Estate Development

Commercial Property

Industrial Construction

Residential Construction

Infrastructure Development

Mining

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Relevant Teams

Legal

Finance

Procurement

Construction Management

Project Management

Accounts Payable

Risk Management

Contract Administration

Operations

Relevant Roles

Project Manager

Construction Manager

Contract Administrator

Legal Counsel

Chief Financial Officer

Accounts Payable Manager

Procurement Manager

Construction Superintendent

Claims Manager

Risk Manager

Project Coordinator

Finance Director

Construction Lawyer

Quantity Surveyor

Corporate Counsel

Industries






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