Conditional Waiver & Release upon Progress Payment (Canada)

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This Conditional Waiver and Release Upon Progress Payment is generally used in the construction industry but can be used in other situations. This release requires a claimant to execute a waiver and release in exchange for a progress (not final) payment and to release any mechanicโ€™s lien, stop order or bond. It is important that evidence of payment be verified before this waiver and release is signed.

This lawyer-prepared packet includes:
  1. General Information
  2. Conditional Waiver and Release Upon Progress Payment for use in Canada
Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon

Conditional Waiver & Release upon Progress Payment (Canada)

Product Details

Product Conditional Waiver & Release upon Progress Payment (Canada)
Country Canada
Pages 4
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Release of Lien
Product number #34070
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

This form is a legal document used in the construction industry that allows a contractor or subcontractor to waive their right to file a mechanic's lien in exchange for a progress payment. It ensures that the claimant receives payment while relinquishing certain rights temporarily.

This waiver should be used when a contractor or subcontractor is receiving a progress payment and wants to ensure that they do not file a lien against the property for the work completed up to that payment. It is essential to verify that the payment has been made before signing.

Yes, this Conditional Waiver and Release can be used in various provinces across Canada, including Alberta, British Columbia, Ontario, and more. However, it's crucial to ensure compliance with specific provincial regulations.

If you sign the waiver and do not receive the payment, you may have limited options to pursue the owed amount since you have waived your lien rights for that progress payment. It is advisable to consult with a legal professional in such cases.

No, this waiver is specifically designed for progress payments and should not be used for final payments. Different forms are required for final lien releases.

Before signing, ensure that you have verified the payment has been made or will be made promptly. It's also wise to consult with a legal professional to understand the implications of signing the waiver.

Yes, the primary risk is that by signing the waiver, you may lose your right to file a lien for the work completed up to that payment if the payment is not received. Always assess the payment reliability before proceeding.

While you can modify the form to suit specific needs, it is recommended to consult with a legal professional to ensure that any changes comply with local laws and do not invalidate the waiver.

Is This Form Right For You?

Use This Form If:

  • Individuals who are contractors or subcontractors may require this form to ensure they receive progress payments while relinquishing their rights to file a mechanic's lien. By using this waiver, they can maintain a positive cash flow during a construction project without jeopardizing their lien rights for future payments.
  • Situations requiring a release upon progress payment often arise in commercial construction contracts. In such cases, a contractor may need to provide this waiver to the property owner or general contractor to confirm that they will not pursue a lien for the work completed up to that point, facilitating smoother project progress.
  • For those involved in residential renovations, this form can be crucial when dealing with homeowners. A contractor may need to present this conditional waiver to assure the homeowner that they will not file a lien for the work completed after receiving a partial payment, thus building trust and ensuring ongoing work.
  • In the event of a dispute over payment, a subcontractor may use this form to negotiate a progress payment while agreeing to waive their lien rights temporarily. This strategic move can help resolve payment issues while keeping the project on track.
  • Construction companies managing multiple projects may utilize this waiver to streamline their payment processes. By having subcontractors sign this conditional release, they can ensure that payments are made promptly without the risk of liens being filed, thus maintaining good relationships with clients.

Do Not Use If:

  • โ€“ This form is not appropriate when a contractor is seeking to secure a final payment for completed work. A different form is required for final lien releases to ensure all rights are preserved until full payment is received.
  • โ€“ If there is a dispute regarding the payment amount or if the payment has not been verified, using this waiver could be risky. It is essential to resolve any payment issues before signing to avoid losing lien rights.
  • โ€“ In situations where the contractor or subcontractor has not completed the work satisfactorily, this waiver should not be used. Signing it could waive rights to pursue payment for incomplete or unsatisfactory work.
  • โ€“ This form is not suitable for use in provinces where specific regulations or requirements differ significantly from those outlined in the waiver. Always check local laws before using the form.
  • โ€“ If the project is in a state of dispute or litigation, using this waiver may complicate the legal proceedings. It is advisable to consult with legal counsel before proceeding with any waivers in such circumstances.

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