Federal Prompt Payment for Construction Work Act (S.C. 2019, c. 29, s. 387)

Marginal note:Compliance with determination

• 19 (1) If a party that is to pay for construction work under its contract is ordered by the adjudicator to make a payment, the party must make the payment no later than the 10th day after the day on which it received the adjudicator’s determination, or within any other time limit set out in the determination.

• Marginal note:Filing of decision

  (2) If the party that is ordered to make the payment fails to do so within the applicable time limit, the party that is to be paid may

  • (a) suspend further construction work without this constituting a breach of the terms of its contract; and

  • (b) file in the Federal Court or a superior court of a province, as the case may be, a certified copy of the adjudicator’s determination within two years after the day on which that determination was received.

• Marginal note:Effect of filing

  (3) On the certified copy being filed, the determination becomes and may be enforced as an order of the Federal Court or superior court of a province, as the case may be.