87(1)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) or a person who is a mortgagee may, at any time, by written request, require,
(a)
from the owner or the contractor,
(i)
the names of the parties to the contract,
(ii)
the contract price,
(iii)
a copy of any labour and material payment bond provided by the contractor to the owner in respect of the contract,
(iv)
a statement of whether the contract provides that payment under the contract shall be based on the conclusion of specified phases or on the reaching of other milestones, and
(v)
Repealed: 2023, c.14, s.1
(vi)
Repealed: 2023, c.14, s.1
(vii)
the state of accounts between the owner and the contractor containing the information required under subsection (3),
(b)
from the owner, if the owner is the Crown or a local government, the names and addresses of any lienholder in respect of an improvement or a highway improvement, as the case may be, who has given a copy of a claim for lien to the owner,
(c)
from the contractor or a subcontractor,
(i)
the names of the parties to a subcontract,
(ii)
a copy of any labour and material payment bond provided by a subcontractor to the contractor in respect of a subcontract, or by a subcontractor to another subcontractor,
(iii)
a statement of whether there is a provision in a subcontract providing for certification of completion of the subcontract,
(iv)
a statement of whether a subcontract has been certified as complete, and
(v)
a state of accounts between the contractor and a subcontractor, or between a subcontractor and another subcontractor, containing the information required under subsection (3),
(d)
from an owner who is selling the owner’s estate or interest in land in respect of which an improvement is made,
(i)
the name and address of the purchaser,
(ii)
the purchase price,
(iii)
the amount of the purchase price paid or to be paid before the conveyance, and
(iv)
the scheduled date of the conveyance and a legal description of the land, including all approved parcel identifiers and addresses for the land, and
(e)
from a landlord, in the case of a lien in respect of a leasehold,
(i)
the names of the parties to the lease,
(ii)
if payment for all or part of the improvement is accounted for under the terms of the lease or any renewal of it, or under any agreement to which the landlord is a party that is connected to the lease, the amount of that payment, and
(iii)
the state of accounts between the landlord and the tenant containing the information required under subsection (3).
87(2)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) may, at any time, by written request, require from a mortgagee or unpaid vendor
(a)
sufficient details concerning any mortgage on the estate or interest in land on or in respect of which an improvement is made, to enable the person who requests the information to determine whether the mortgage was taken by the mortgagee for the purposes of financing the making of the improvement,
(b)
a statement showing the amounts
(i)
advanced under the mortgage, the dates of those advances, and any arrears in payment including any arrears in the payment of interest, or
(ii)
secured under the agreement of purchase and sale and any arrears in payment including any arrears in the payment of interest.
87(3)A state of accounts under subsection (1) shall contain the following information, as of a specified date:
(a)
the contract price or subcontract price, as the case may be, of the services or materials that have been supplied under the contract or subcontract;
(b)
the amounts paid under the contract or subcontract;
(c)
in the case of a state of accounts under subparagraph (1)(e)(iii), the amounts paid under the contract or subcontract that constitute part of the payment referred to in subparagraph (1)(e)(ii);
(d)
the amount of the applicable holdbacks;
(e)
the balance owed under the contract or subcontract;
(f)
any amount retained as a set-off under subsection 12(3), 15(3) or (4) or 25(4); and
(g)
any other information prescribed by regulation.
87(4)A person who receives a written request for information under subsection (1) or (2) shall provide the information within 21 days after receiving the request.
87(5)A person who does not provide the information requested within the time limit set out in subsection (4), or who knowingly or negligently misstates that information, is liable to the person who made the request for any damages suffered as a result.
87(1)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) or a person who is a mortgagee may, at any time, by written request, require,
(a)
from the owner or the contractor,
(i)
the names of the parties to the contract,
(ii)
the contract price,
(iii)
a copy of any labour and material payment bond provided by the contractor to the owner in respect of the contract,
(iv)
a statement of whether the contract provides that payment under the contract shall be based on the conclusion of specified phases or on the reaching of other milestones,
(v)
the name and address of the financial institution at which a holdback trust account has been established, if applicable, and the name of the account holder,
(vi)
a statement setting out payments deposited into and withdrawn from any holdback trust account, including the dates of the deposits and withdrawals, the accrued interest and the balance of the account on the date the information is provided, and
(vii)
the state of accounts between the owner and the contractor containing the information required under subsection (3),
(b)
from the owner, if the owner is the Crown or a local government, the names and addresses of any lienholder in respect of an improvement or a highway improvement, as the case may be, who has given a copy of a claim for lien to the owner,
(c)
from the contractor or a subcontractor,
(i)
the names of the parties to a subcontract,
(ii)
a copy of any labour and material payment bond provided by a subcontractor to the contractor in respect of a subcontract, or by a subcontractor to another subcontractor,
(iii)
a statement of whether there is a provision in a subcontract providing for certification of completion of the subcontract,
(iv)
a statement of whether a subcontract has been certified as complete, and
(v)
a state of accounts between the contractor and a subcontractor, or between a subcontractor and another subcontractor, containing the information required under subsection (3),
(d)
from an owner who is selling the owner’s estate or interest in land in respect of which an improvement is made,
(i)
the name and address of the purchaser,
(ii)
the purchase price,
(iii)
the amount of the purchase price paid or to be paid before the conveyance, and
(iv)
the scheduled date of the conveyance and a legal description of the land, including all approved parcel identifiers and addresses for the land, and
(e)
from a landlord, in the case of a lien in respect of a leasehold,
(i)
the names of the parties to the lease,
(ii)
if payment for all or part of the improvement is accounted for under the terms of the lease or any renewal of it, or under any agreement to which the landlord is a party that is connected to the lease, the amount of that payment, and
(iii)
the state of accounts between the landlord and the tenant containing the information required under subsection (3).
87(2)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) may, at any time, by written request, require from a mortgagee or unpaid vendor
(a)
sufficient details concerning any mortgage on the estate or interest in land on or in respect of which an improvement is made, to enable the person who requests the information to determine whether the mortgage was taken by the mortgagee for the purposes of financing the making of the improvement,
(b)
a statement showing the amounts
(i)
advanced under the mortgage, the dates of those advances, and any arrears in payment including any arrears in the payment of interest, or
(ii)
secured under the agreement of purchase and sale and any arrears in payment including any arrears in the payment of interest.
87(3)A state of accounts under subsection (1) shall contain the following information, as of a specified date:
(a)
the contract price or subcontract price, as the case may be, of the services or materials that have been supplied under the contract or subcontract;
(b)
the amounts paid under the contract or subcontract;
(c)
in the case of a state of accounts under subparagraph (1)(e)(iii), the amounts paid under the contract or subcontract that constitute part of the payment referred to in subparagraph (1)(e)(ii);
(d)
the amount of the applicable holdbacks;
(e)
the balance owed under the contract or subcontract;
(f)
any amount retained as a set-off under subsection 12(3), 15(3) or (4) or 25(4); and
(g)
any other information prescribed by regulation.
87(4)A person who receives a written request for information under subsection (1) or (2) shall provide the information within 21 days after receiving the request.
87(5)A person who does not provide the information requested within the time limit set out in subsection (4), or who knowingly or negligently misstates that information, is liable to the person who made the request for any damages suffered as a result.
87(1)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) or a person who is a mortgagee may, at any time, by written request, require,
(a)
from the owner or the contractor,
(i)
the names of the parties to the contract,
(ii)
the contract price,
(iii)
a copy of any labour and material payment bond provided by the contractor to the owner in respect of the contract,
(iv)
a statement of whether the contract provides that payment under the contract shall be based on the conclusion of specified phases or on the reaching of other milestones,
(v)
the name and address of the financial institution at which a holdback trust account has been established, if applicable, and the name of the account holder,
(vi)
a statement setting out payments deposited into and withdrawn from any holdback trust account, including the dates of the deposits and withdrawals, the accrued interest and the balance of the account on the date the information is provided, and
(vii)
the state of accounts between the owner and the contractor containing the information required under subsection (3),
(b)
from the owner, if the owner is the Crown or a local government, the names and addresses of any lienholder in respect of an improvement or a highway improvement, as the case may be, who has given a copy of a claim for lien to the owner,
(c)
from the contractor or a subcontractor,
(i)
the names of the parties to a subcontract,
(ii)
a copy of any labour and material payment bond provided by a subcontractor to the contractor in respect of a subcontract, or by a subcontractor to another subcontractor,
(iii)
a statement of whether there is a provision in a subcontract providing for certification of completion of the subcontract,
(iv)
a statement of whether a subcontract has been certified as complete, and
(v)
a state of accounts between the contractor and a subcontractor, or between a subcontractor and another subcontractor, containing the information required under subsection (3),
(d)
from an owner who is selling the owner’s estate or interest in land in respect of which an improvement is made,
(i)
the name and address of the purchaser,
(ii)
the purchase price,
(iii)
the amount of the purchase price paid or to be paid before the conveyance, and
(iv)
the scheduled date of the conveyance and a legal description of the land, including all approved parcel identifiers and addresses for the land, and
(e)
from a landlord, in the case of a lien in respect of a leasehold,
(i)
the names of the parties to the lease,
(ii)
if payment for all or part of the improvement is accounted for under the terms of the lease or any renewal of it, or under any agreement to which the landlord is a party that is connected to the lease, the amount of that payment, and
(iii)
the state of accounts between the landlord and the tenant containing the information required under subsection (3).
87(2)A lienholder or a beneficiary of a trust fund created under subsection 11(2) or subsection 14(1) or (4) may, at any time, by written request, require from a mortgagee or unpaid vendor
(a)
sufficient details concerning any mortgage on the estate or interest in land on or in respect of which an improvement is made, to enable the person who requests the information to determine whether the mortgage was taken by the mortgagee for the purposes of financing the making of the improvement,
(b)
a statement showing the amounts
(i)
advanced under the mortgage, the dates of those advances, and any arrears in payment including any arrears in the payment of interest, or
(ii)
secured under the agreement of purchase and sale and any arrears in payment including any arrears in the payment of interest.
87(3)A state of accounts under subsection (1) shall contain the following information, as of a specified date:
(a)
the contract price or subcontract price, as the case may be, of the services or materials that have been supplied under the contract or subcontract;
(b)
the amounts paid under the contract or subcontract;
(c)
in the case of a state of accounts under subparagraph (1)(e)(iii), the amounts paid under the contract or subcontract that constitute part of the payment referred to in subparagraph (1)(e)(ii);
(d)
the amount of the applicable holdbacks;
(e)
the balance owed under the contract or subcontract;
(f)
any amount retained as a set-off under subsection 12(3), 15(3) or (4) or 25(4); and
(g)
any other information prescribed by regulation.
87(4)A person who receives a written request for information under subsection (1) or (2) shall provide the information within 21 days after receiving the request.
87(5)A person who does not provide the information requested within the time limit set out in subsection (4), or who knowingly or negligently misstates that information, is liable to the person who made the request for any damages suffered as a result.