Builders’ Lien Act amendments and adoption of new regulations: effective June 30, 2017

The following memo is from Valerie Pottie Bunge, Executive Director, Policy & Information Management, Department of Justice

I am writing to share news regarding proclamation of amendments made to the Builders’ Lien Act, which received Royal Assent in 2013 and 2014: and the adoption of new Builders’ Lien Regulations. These legislative changes and the new regulations originate from work done by the Nova Scotia Law Reform Commission and are scheduled to become effective June 30, 2017.

The legislative amendments change the required amounts for construction holdbacks and allow for earlier release of holdbacks to sub-contractors who complete their work on a project. The goal is to improve how money flows once certain stages of a construction project are reached.

The new regulations will ensure notice is given to parties working on a construction project when a project is substantially performed and when a sub-contract is certified as complete. The goal is ensure those working on projects are aware of when these milestones have been met because they start the clock running on important time lines in the Act.

To support communications efforts, we have prepared a backgrounder, which provides a high-level overview of the changes and new regulatory requirements for construction project owners.

For additional information and/or clarification, please contact me by email at: valerie.pottiebunge@novascotia.ca or by phone at (902) 424-6836.

Yours truly,
Valerie Pottie Bunge, Executive Director
Policy and Information Management

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