November 23, 2018
Saskatchewan is the latest province to introduce prompt payment legislation.
The province tabled the Builders Lien Amendment Act on November 20, which sets out timelines for providing payment on construction projects. It also establishes an interim adjudication process that can be used in addition to arbitration and litigation.
“We are pleased to see the government deliver on its commitment to protect Saskatchewan construction companies – mostly small businesses – from unreasonable delays in payment that harm them, their employees, and our economy,” Saskatchewan Construction Association president and CEO Mark Cooper said.
“While we still need to review the entire bill introduced today, we agree with the government that no one should ever face bankruptcy because they haven’t been paid for high quality work they’ve already completed.”
Under the proposed legislation, owners and developers will be required to provide payment within 28 days of receiving an invoice for construction services. Contractors will be required to provide payment to subcontractors within seven days of receiving a payment from the owner or developer.
The person required to provide payment can also dispute the payment through the interim adjudication process if they feel an invoice is inaccurate.
“While The Builder’s Lien Act was meant to balance the needs of contractors and their customers, over time it has become apparent there is some room for improvement,” Justice Minister and Attorney General Don Morgan said. “This legislation provides a robust set of timelines to ensure payments are made by owners and developers to contractors, and by contractors to subcontractors, in a timely manner.” www.saskatchewan.ca