Legal Blog:
Who is obliged to maintain a holdback under the Construction Lien Act?
Pursuant to Subsection 22 of the Construction Lien Act, each payer upon a contract or subcontract under which a lien may arise shall retain a holdback equal to 10 percent of the price of services or materials as they are actually supplied under the contract or subcontract until all liens that may be claimed against the holdback have expired as provided by Part V of the Act, or have been satisfied, discharged or provided for under Section 44 of the Act.
Continue Reading >What is a “holdback” under the Construction Lien Act?
“Holdback” is a defined term. It means the 10 per cent of the value of the services or materials supplied under a contract or subcontract required to be withheld from payment by Part IV of the Construction Lien Act.
Continue Reading >Does my last attendance on the job site extend the time for filing a construction lien?
It depends on what work was done. Whether lien rights are extended will turn on the facts of each case. The cases are replete with examples of concocted attendances at a job site to extend the filing of a construction lien. The court will not permit a claimant to bootstrap its claim by late attendance at a job site after its lien rights have expired.
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