4th Session, 42nd Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
Bill 28
THE PROMPT PAYMENT FOR CONSTRUCTION ACT
TABLE OF CONTENTS
| PART 1 INTRODUCTORY PROVISIONS |
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| 1 | Definitions | |
| (2) | Terms used in Builders' Liens Act | |
| 2 | Purpose | |
| 3 | Crown bound | |
| 4 | Act does not apply to prior contracts | |
| 5 | Holdbacks under Builders' Liens Act | |
| 6 | Act does not apply to P3 contracts | |
| (2) | Application to subcontracts with P3 participants | |
| 7 | Agreements to conform | |
| 8 | Restrictions on submitting proper invoice | |
| (2) | Exception re testing and commissioning | |
| 9 | No contracting out | |
| (2) | Retaining amount payable as performance security | |
| PART 2 OBLIGATIONS TO PAY CONTRACTORS AND SUBCONTRACTORS |
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| PAYMENTS TO CONTRACTORS | ||
| 10 | Progress payments by owners | |
| (2) | Monthly payments | |
| (3) | Missed deadline | |
| (4) | Timing of payment to contractor | |
| 11 | Final payment — date specified | |
| (2) | Final payment — no date specified | |
| PAYMENTS TO SUBCONTRACTORS | ||
| 12 | Progress payments by contractors and subcontractors | |
| (2) | Monthly payments | |
| (3) | Missed deadline | |
| (4) | Timing of payment to subcontractor | |
| 13 | Final payment — date specified | |
| (2) | Final payment — no date specified | |
| AMOUNT OF PROGRESS PAYMENTS | ||
| 14 | Amount payable | |
| MILESTONE PAYMENTS | ||
| 15 | Milestone payments under contract | |
| 16 | Milestone payments under subcontract | |
| 17 | Restriction on milestone payments in subcontracts | |
| DEEMED APPROVAL OF PROPER INVOICE | ||
| 18 | Deemed approval or certification | |
| (2) | Notice | |
| (3) | Dispute | |
| (4) | If amount payable is disputed | |
| RIGHT TO SUSPEND PERFORMANCE AND PAYMENT | ||
| 19 | Suspending work for failure to pay | |
| (2) | Suspending payment | |
| (3) | Deadline for suspended payments | |
| (4) | No breach | |
| (5) | Interest | |
| (6) | Resumption | |
| SETOFF | ||
| 20 | Claim for setoff | |
| (2) | Interest | |
| INTEREST ON OVERDUE PAYMENTS | ||
| 21 | Interest rate | |
| INTERIM ADJUDICATION | ||
| 22 | Referral | |
| (2) | Appointment | |
| (3) | Conduct of adjudication | |
| (4) | Dismissal if adjudication not diligently pursued | |
| (5) | Notice of decision | |
| 23 | Decision of adjudicator is binding | |
| (2) | Authority of court, arbitrator or arbitral tribunal | |
| RIGHT TO TERMINATE CONTRACT FOR NON-PAYMENT | ||
| 24 | Termination | |
| (2) | Notice | |
| (3) | Contents of notice | |
| (4) | Confirmation of termination | |
| (5) | Effect of termination | |
| RIGHT TO INFORMATION | ||
| 25 | Request | |
| (2) | Disclosure of payment received | |
| (3) | Damages | |
| 26 | Court order re disclosure | |
| GIVING NOTICES | ||
| 27 | Method of giving notice | |
| (2) | Evidence of receipt by registered mail | |
| (3) | Evidence of receipt by e-mail | |
| (4) | E-mail notice not received | |
| REGULATIONS | ||
| 28 | Regulations | |
| PART 3 C.C.S.M. REFERENCE AND COMING INTO FORCE |
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| 29 | C.C.S.M. reference | |
| 30 | Coming into force | |