Despite the prompt payment and adjudication rules under the Construction Act being introduced to Ontario in October 2019, many involved in construction projects continue to be unaware of or not fully appreciate their rights and obligations under these new rules including what details need to be included in "proper invoices", when notices of non-payment must be delivered, what forms need to be used, when payments must be made and the general utility and availability of adjudication as a means to quickly resolve disputes.
The Council of Ontario Construction Associations ("COCA") has released a new platform on its website that provides a useful overview of some of the main facets of the prompt payment and adjudication rules.
In particular, COCA provides fact sheets on the following topics:
- prompt payment for owners
- prompt payment for contractors
- prompt payment for subcontractors
- prompt payment & adjudication 101
- what is a proper invoice?
- prompt payment for holdbacks
- adjudication basics
- how does basic holdback work?
Each fact sheet is available for download and provides a concise and digestible review of a particular topic and might be helpful for those unfamiliar with prompt payment and adjudication entirely or those simply looking for a refresher.
The landing page to COCA's fact sheets and other resources is found at: https://www.coca.on.ca/advocacy-prompt-payment/
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.