Acts and Regulations

2020, c.29 - Construction Remedies Act

Section 35
Disposition versions

Full text
Allowable payments
35(1)An owner may, without jeopardy, make payments on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract unless, before making payment, the owner has received a written notice of lien in accordance with section 30.
35(2)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (1) shall be read as 95%.
35(3)If an owner has received a written notice of lien in accordance with section 30, the owner may, without jeopardy, make payment on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract, less the amount claimed in the written notice of lien.
35(4)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (3) shall be read as 95%.
Allowable payments
35(1)An owner may, without jeopardy, make payments on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract unless, before making payment, the owner has received a written notice of lien in accordance with section 30.
35(2)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (1) shall be read as 95%.
35(3)If an owner has received a written notice of lien in accordance with section 30, the owner may, without jeopardy, make payment on a contract up to 90% of the contract price of the services or materials that have been supplied under that contract, less the amount claimed in the written notice of lien.
35(4)In the case of a contract for which a contractor is required to provide a labour and material payment bond and performance bond to an owner under subsection 83(4), if the owner is the Crown, the percentage referred to in subsection (3) shall be read as 95%.