32(1)A lienholder may, in writing, at any time demand of the owner or his agent
(a)
the terms of the agreement with the contractor in respect of which the work has been, or is to be, performed or the material has been, or is to be, furnished;
(b)
the state of the accounts between the owner and the contractor, including the amount already paid under the agreement and the amount due and unpaid thereunder;
(c)
the production for inspection of the contract or agreement, if it is in writing.
32(2)If the owner or his agent
(a)
refuses, or neglects within a reasonable time to inform the lienholder of the amount already paid, and the amount due and unpaid thereunder, or
(b)
intentionally or knowingly falsely states the terms of the agreement or the amount already paid or the amount due and unpaid thereunder,
and if the lienholder sustains loss by reason of the refusal or neglect or false statement, the owner is liable to him for the amount of the loss and section 43 applies.
32(3)A lienholder may, in writing, at any time demand of a mortgagee or unpaid vendor or of the agent of either of them
(a)
the terms of any mortgage on, or agreement for the sale of, the land in respect of which the work has been, or is to be performed, or the material has been or is to be, furnished, and
(b)
a statement showing the amount owing on the mortgage or agreement.
32(4)If the mortgagee or vendor or the agent
(a)
refuses or neglects within a reasonable time to inform the lienholder
(i)
of the terms of the mortgage or agreement for sale, and
(ii)
of the amount owing on the mortgage or agreement, as the case may be; or
(b)
intentionally or knowingly falsely states the terms of the mortgage or agreement or the amount owing on the mortgage or agreement;
and if the lienholder sustains loss by reason of the refusal or neglect or false statement, the mortgagee or vendor is liable to him for the amount of the loss in an action therefor, or in any action for the enforcement of a lien, when section 43 shall apply.
32(5)A lienholder may at any time, in writing, demand of a contractor or sub-contractor
(a)
the terms of any agreement with the owner, contractor, or sub-contractor, to which the person of whom the demand is made is a party, in respect of which agreement the work has been or is to be performed or the material has been or is to be furnished, and
(b)
the state of the accounts, thereunder, between the owner and the contractor, or between the contractor and any one or more sub-contractors, or between any sub-contractor and any other sub-contractor, including the amount already paid on any agreement and the amount due and unpaid thereunder.
32(6)If the contractor or sub-contractor of whom the demand is made
(a)
refuses, or neglects within a reasonable time to inform the lienholder
(i)
of the terms of the agreement, and
(ii)
of the amount already paid and the amount due and unpaid thereunder, or
(b)
intentionally or knowingly falsely states the terms of the agreement or the amount already paid or the amount due and unpaid thereunder,
and if the lienholder sustains loss by reason of the refusal or neglect or false statement, the contractor or sub-contractor is liable to him for the amount of the loss in an action therefor, or in any action for the enforcement of a lien when section 43 shall apply.