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Holdback

Posted on October 17, 2016 | Posted in Construction, Five Liners

New Tec Building Envelopes Ltd. v. Deciantis Construction Ltd 2015 Ont Div Court

Since holdback is not due until the 46th day after substantial performance is published, the limitation period to commence an action for non-payment of holdback does not start until the 46th day after publication, even if the services were rendered and invoiced long before publication. As for non-holdback monies due, the judge noted that a claimant had a reasonable period of time to deliver an invoice and a reasonable time for the defendant to pay the invoice before the limitation period started. She set 60 days as the reasonable time within which the defendant should pay and therefore started the limitation period running on the 61st day after delivery of the invoice.

 

Jonathan Speigel

 

Written by Jonathan Speigel Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.

 

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