Construction Act. Construction Act means the Construction Act, RSO 1990, c. C 30.
Construction Act. The Purchaser covenants and agrees that he is a “home buyer” within the meaning of the Construction Act of Ontario, as may be amended, and will not claim any lien holdback on the Closing Date.
Construction Act. Upon receiving notice or upon any liens being filed pursuant to the Construction Act which may affect any portion of the Lands in which the Town may have an interest, the Owner shall be deemed to be in default of this Agreement. Upon discovering such default, the Town may forthwith give the Owner notice in writing of the said lien or claim and the Owner shall be allowed to cure or remedy such default by discharging or vacating the said lien to the satisfaction of the Town within ten (10) days of such notice. If such default is not remedied or cured as above, the Town may, notwithstanding any other remedies it may have, draw upon any Letter of Credit or other security which may be held pursuant to this Agreement to secure its interests, and may pay into Court any amount provided for in the Construction Act as may be necessary therefor. The Owner shall provide a statutory declaration that it has paid all contractors, sub-contractors and consultants associated with the construction of the Works and complied fully with the provisions of the Construction Act.
Construction Act. The Owner covenants and agrees that it will hold back in its payments to any contractor who may construct services, facilities or works, such amounts as may be required under the provisions of the Construction Act, R.S.O. 1990, c. C.30, as amended.
Construction Act. The Purchaser covenants and agrees that he/she is a “home buyer” within the meaning of the Construction Act, R.S.O. 1990, c.C.30. and will not claim any lien holdback on the Occupancy Date or Title Transfer Date. The Vendor shall complete the remainder of the Condominium according to its schedule of completion and neither the Occupancy Date nor the Title Transfer Date shall be delayed on that account.
Construction Act. (a) Project Co shall comply with the holdback requirements under the Construction Act.
(b) If Project Co intends for Contracting Authority to retain holdback on the Substantial Completion Payment Date in the form of a letter of credit or demand-worded holdback repayment bond, Project Co shall:
(i) submit a draft of the letter of credit or demand-worded holdback repayment bond in the form prescribed by the Construction Act and with all information populated to Contracting Authority for review no later than six months prior to the Scheduled Substantial Completion Date; and
(ii) deliver to Contracting Authority the final issued letter of credit or demand- worded holdback repayment bond, which shall incorporate any comments received from Contracting Authority, no later than one month prior to the Scheduled Substantial Completion Date.
(c) In the event Project Co fails to deliver the draft letter of credit or demand-worded holdback repayment bond or final issued letter of credit or demand-worded holdback repayment bond in accordance with Section 17.3(b), Contracting Authority may, in its sole discretion, retain such holdback in the form of funds, which shall be included in the amount of Legislative Holdback withheld by Contracting Authority from the Substantial Completion Payment.
(d) Project Co acknowledges that, except for:
(i) the application of the Legislative Holdback Reduction pursuant to and in accordance with Section 17.4; and
(ii) any Annual Holdback Payment Amount paid in accordance with Section 5.4 of Schedule 20 – Payment Procedures, Contracting Authority will not make any payments pursuant to sections 25, 26.1 or 26.2 of the Construction Act of any amount of the Legislative Holdback, notwithstanding that the same may be permitted under the Construction Act, and that Contracting Authority will only make payment of Legislative Holdback in accordance with Section 4.5.
(e) Project Co shall, as a condition of final payment under any Subcontract for which lien rights or rights in respect of the holdback may be claimed under the Construction Act, require that a certificate of completion under section 33(1) of the Construction Act for such Subcontract be issued and the relevant Subcontractor provide statutory declarations or other assurances confirming that all those engaged by the Subcontractor have been paid in accordance with Applicable Law.
(f) Project Co shall promptly provide Contracting Authority with a copy of any materials which are provided to th...
Construction Act. The Contractor shall give the Owner notice in writing, immediately, of all lien claims or potential lien claims coming to the knowledge of the Contractor or his agents. When a claim for lien is filed by a Subcontractor, labour or material supplier or equipment renter acting under the Contractor, and proceedings are commenced by the Owner to vacate the lien, the Contractor agrees and shall forthwith pay to the Owner, in addition to their reasonable legal fees therefore, all interest costs and expenses incurred by the Owner and an additional sum equal to ten percent (10%) of the sum found to be owing as liquidated damages, and such remedy shall be in addition to any other remedy available to the Owner under the Contract Documents. Where any lien claimant asks from the Owner the production for inspection of the Contract Documents or the state of the accounts between the Owner and the Contractor, the Contractor shall be liable for an administration fee of Two Hundred Dollars ($200.00) for each request made as compensation for the preparation of such accounting or for the preparation of the Contract, or both, as the case may be, and the Contractor acknowledges that such administrative fee shall be properly deductible, if the Owner should so choose, from monies otherwise payable to the Contractor under the terms of the Contract Documents. Where an application is brought to a judge of a competent jurisdiction to compel production of any particular document to a lien claimant, the Contractor further agrees to indemnify the Owner from reasonable legal fees incurred in appearing on such an application and in addition agrees to pay to the Owner its reasonable costs incurred in producing such documents to the extent that the same is made necessary under the disposition of the matter by such judge, and the Contractor further agrees that such reasonable costs and fees incurred by the Owner as stated herein may be properly deductible from monies otherwise payable to the Contractor under the terms of the Contract Documents.
Construction Act. Upon receiving notice or upon any liens being filed with the Town pursuant to the Construction Act, R.S.O. 1990, c.C.30, as amended, on the Lands in this Agreement in which the Town may have an interest, this Agreement shall be deemed to be defaulted by the Owner. Upon discovering such default, and the Owner fails to discharge the lien or the claim as the case may be within ten (10) business days after receipt of notice from the Town, then the Town may, notwithstanding any other remedies it may have, draw the full amount of the claim from any security or Letter of Credit which may be held pursuant to this Agreement to secure its interests and may pay into Court any holdback and costs provided by the Construction Act as may be necessary therefore. A Statutory Declaration from the Owner, or if the Owner is not constructing the Shared Road, the developer undertaking completion of the Works, that it has paid all contractors and sub- contractors associated with the construction of public works and complied fully with the provisions of the Construction Act;
Construction Act. (1) For the purposes of this section, “supply of services”, “improvement” and “holdback” shall have the same meaning, respectively, as defined by the Construction Act.
(2) Where any part of the Services constitutes a supply of services upon or in respect to an improvement, the City shall retain a holdback as required by the Construction Act from each sum otherwise payable to the Consultant under this Agreement with respect to those Services. The holdback shall be retained, held and released by the City in accordance with the Construction Act.
Construction Act. (a) The Parties acknowledge that Section 17.2 shall apply to claims for liens made against the Lands pursuant to the Construction Act (Ontario) and shall also apply to claims made against Contracting Authority or the holdback under the Construction Act (Ontario) as though such a claim were an Encumbrance against the Lands as referred to therein.
