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ARTICLE · 25 JANUARY 2021

Here's The Drill: Prompt Payment – Are Your Contracts In Order?

In October 2019, the prompt payment rules were introduced to Ontario's construction industry as part of the province's updated Construction Act.

CanadaReal Estate and Construction

In October 2019, the prompt payment rules were introduced to Ontario's construction industry as part of the province's updated Construction Act.

The rules mark a significant shift with respect to when payments must be made and how payment disputes get resolved on Ontario construction projects.

At a high level, the rules impose mandatory payment obligations on those involved in construction projects.  For most sectors of the industry, the rules represent a significant shortening of payment deadlines.  Owners are required to pay contractors within 28 days of receiving a "proper invoice".  Contractors must pay subcontractors within 7 days of receiving payment from the owner and subcontractors must pay their sub-subcontractors within 7 days of receiving payment (and so on). If a party does not want to make payment, it must issue certain "notices of non-payment" within defined periods of time.  For example, if a contractor does not receive payment from the owner, it

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