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ARTICLE · 01 NOVEMBER 2022

Here's The Drill: A Reminder For Contractors: Are Your Invoices Actually "Proper"?

It has been a few years since the prompt payment rules in Ontario's Construction Act were introduced to the province's construction industry.

CanadaReal Estate and Construction

It has been a few years since the prompt payment rules in Ontario's Construction Act were introduced to the province's construction industry.

One feature that is fundamental to the prompt payment process is the contractor's submission of a "proper invoice" to the owner. If the contractor's invoice fails to meet the requirements for a "proper invoice" under the Construction Act, the owner's obligation to pay an invoice in 28 days will not be triggered and the contractor (and downstream subcontractors) will be denied much of the benefit of the prompt payment regime.

In order to constitute a "proper invoice", the contractor's invoice must meet the invoicing requirements specified in its contract with the owner and contain the following information:

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