Construction Payment Contract for Canada

Construction Payment Contract Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes the terms, conditions, and procedures for payments in construction projects. The document incorporates provincial prompt payment legislation requirements and construction lien provisions, setting out detailed payment schedules, certification processes, and holdback requirements. It includes provisions for progress payments, milestone payments, statutory holdbacks, and release of funds, while ensuring compliance with provincial construction laws and regulations. The agreement also addresses dispute resolution mechanisms specific to construction payment disputes and includes necessary provisions for tax compliance and payment security.

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What is a Construction Payment Contract?

The Construction Payment Contract is a specialized agreement designed for use in Canadian construction projects to regulate payment obligations between parties involved in construction work. This document is essential when establishing formal payment arrangements between property owners, contractors, and other stakeholders in construction projects. It is particularly important given the strict regulatory requirements in Canadian provinces regarding construction payments, including prompt payment legislation and builders' lien requirements. The contract typically includes detailed provisions for progress payments, holdbacks, release of funds, and dispute resolution mechanisms, all aligned with provincial construction laws. It is commonly used in both private and public construction projects and can be adapted for various project sizes and complexities while maintaining compliance with relevant provincial legislation.

What sections should be included in a Construction Payment Contract?

1. Parties: Identification of the payor and payee, including full legal names and addresses

2. Background: Context of the construction project and payment arrangement

3. Definitions: Key terms used throughout the contract, including payment-related terminology

4. Scope of Work: Brief description of the construction work for which payments are being made

5. Contract Price: Total contract value and breakdown of payment components

6. Payment Terms: Detailed payment schedule, timing, and methods of payment

7. Progress Payments: Structure and timing of progress payments, including certification process

8. Holdback Requirements: Statutory holdback provisions as per applicable lien legislation

9. Invoicing Requirements: Process and requirements for submitting and processing invoices

10. Payment Certification: Process for certifying work completion and authorizing payments

11. Taxes: Treatment of GST/HST and other applicable taxes

12. Default and Remedies: Consequences and remedies for payment defaults

13. Dispute Resolution: Process for resolving payment-related disputes

14. General Provisions: Standard contract clauses including notices, amendments, and governing law

What sections are optional to include in a Construction Payment Contract?

1. Performance Security: Required when payment bonds or other security instruments are used

2. Multiple Party Payments: Include when payments involve multiple contractors or subcontractors

3. International Payments: Required for cross-border payment arrangements

4. Milestone Payments: Include when payments are tied to specific project milestones

5. Currency and Exchange: Required for contracts involving multiple currencies

6. Set-off Rights: Include when set-off against other projects or contracts is permitted

7. Early Payment Discounts: Include when early payment incentives are offered

8. Force Majeure: Include specific payment provisions for force majeure events

9. Payment Guarantees: Required when third-party payment guarantees are involved

What schedules should be included in a Construction Payment Contract?

1. Schedule A - Payment Schedule: Detailed breakdown of payment amounts and timing

2. Schedule B - Form of Invoice: Template for standardized invoice submission

3. Schedule C - Work Breakdown Structure: Detailed breakdown of work components linked to payments

4. Schedule D - Progress Payment Certificate: Template for progress payment certification

5. Schedule E - Holdback Release Requirements: Specific conditions for releasing holdback payments

6. Schedule F - Rate Sheet: Rates for labor, materials, and equipment if applicable

7. Schedule G - Change Order Payment Process: Procedures for paying for approved changes

8. Appendix 1 - Statutory Declaration Template: Required form for statutory declarations

9. Appendix 2 - Lien Waiver Forms: Standard forms for lien waivers and releases

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate Development

Infrastructure

Commercial Property

Residential Development

Industrial Construction

Government/Public Works

Healthcare Facilities

Educational Facilities

Retail Development

Hospitality

Mining

Oil and Gas

Relevant Teams

Legal

Finance

Construction Management

Project Management

Operations

Procurement

Risk Management

Commercial

Accounts Payable

Contract Administration

Claims Management

Relevant Roles

Construction Manager

Project Manager

Contract Administrator

Quantity Surveyor

Chief Financial Officer

Financial Controller

Construction Lawyer

Procurement Manager

Commercial Director

Operations Manager

Project Accountant

Claims Manager

Risk Manager

Finance Director

Construction Site Supervisor

Legal Counsel

Payment Certifier

Account Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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