BILL NO. 81

(as introduced)

5th Session, 61st General Assembly
Nova Scotia
62 Elizabeth II, 2013



Government Bill



Builders' Lien Act
(amended)



The Honourable Ross Landry
Minister of Justice



First Reading: May 6, 2013

(Explanatory Notes)

Second Reading: May 7, 2013

Third Reading: May 9, 2013 (LINK TO BILL AS PASSED)

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Explanatory Notes

Clause 1 provides for the retention, commencing 60 days after a contract is deemed to be substantially performed under the Builders' Lien Act, of a finishing holdback of 10% of the work remaining to be done on the contract, rather than the existing holdback of 2.5% of the contract price.

Clause 2 provides for the certification that a subcontract is complete and provides that, where a subcontract is so certified, the owner of the property to which the subcontract relates may pay out the holdback in respect of the subcontract required under the Act if all liens in respect of the subcontract are expired or have been discharged or satisfied.

Clause 3 authorizes the Governor in Council to make regulations respecting notice to be given of the substantial performance of any contract or the completion of any subcontract under which a lien may arise.

Clause 4 provides that this Act comes into force on proclamation.

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An Act to Amend Chapter 277
of the Revised Statutes, 1989,
the Builders' Lien Act

Be it enacted by the Governor and Assembly as follows:

1 Subsection 13(3) of Chapter 277 of the Revised Statutes, 1989, the Builders' Lien Act, is repealed and the following subsection substituted:

2 Chapter 277 is further amended by adding immediately after Section 13 the following Sections:

3 Chapter 277 is further amended by adding immediately after Section 47 the following Section:

4 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.

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