Lien waivers — what you’re signing away, on the record
A lien waiver trades lien rights for payment. Sign the wrong one and you’ve released rights for money you haven’t received. This record documents exactly what was waived, for which period, in exchange for how much.
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Worksheet and record, not a filing. Where an official form or filing exists, this prepares the information and keeps your copy — the filing itself is done with the regulator.
Partial vs final — the distinction that matters
A partial waiver releases lien rights only for the work and period a progress payment covers. A final waiver releases everything through the end of the job. The most expensive mistake in this corner of construction is signing final-shaped language on a progress draw.
Watch the effective-date and the amount: a waiver should release rights only up to the payment actually received, not “all amounts owing.”
Why keep a record at all
Because months later, nobody remembers which waiver covered which draw. When a dispute reaches adjudication or a lien deadline is looming, the question is always “what exactly was released, and when?” This record answers it in one line per payment — with the signed waiver attached in the job file.
Frequently asked questions
Are lien waivers enforceable in Canada?
Lien rights and the enforceability of waivers are governed province by province, and several provinces restrict waiving lien rights in advance of payment. The record on this page documents what was signed; the waiver language itself should be reviewed for the province and contract before anyone signs.
What is the difference between a conditional and unconditional waiver?
A conditional waiver takes effect only when the payment actually clears; an unconditional one takes effect on signing regardless. If a cheque can bounce, the difference is the whole ballgame — read which one is on the table before signing.
Should I demand waivers from my subcontractors?
On progress payments it is standard practice: a partial waiver matched to each draw protects the payer from double liability. Keep them organized per sub, per payment — the tracker pairs naturally with the T5018 payment tracker at year end.
Does this replace legal advice on a lien?
No. Lien deadlines are short and unforgiving, and waiver enforceability varies by province. For a live lien question, get construction counsel — this page keeps your paper organized so counsel has something to work with.
The paperwork is the easy part now.
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