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Committed record

Non-payment on a construction subcontract

Attached to Fixed-price build — stopped payments

Investigate

Advocate works the file — gaps, open questions, claim shapes, and whether coverage should respond.

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Matter · Fixed-price build — stopped paymentsScope · whole matterInvestigating as: the subcontractor on this buildThis may take a minute or two on complex matters. The page refreshes when the run completes.

Attention0

Findings0

Claims0

Monitoring0

Evidence gaps0

Coverage0

Investigation findings

Evidence Gaps

Is there written notice of the alleged deficiencies — and when was it first given?Evidence neededNeeds attention

Which progress invoices were certified before payment stopped?Evidence neededNoted

Legal Pathways

Did payment stop before or after any deficiency was raised on the record?Legal questionNeeds attention

Has the holdback release date in the subcontract already passed?Legal questionNoted

BREACH OF CONTRACTGap to close

Unpaid certified progress invoices under a subcontract in force, with the deficiency list arriving only after payment stopped.

2 of 4 supported

A subcontract in forceWork performed under itProgress payment due under the scheduleWritten notice of deficiencies before payment stopped

SUPPORTING FINDINGS

Evidence neededIs there written notice of the alleged deficiencies — and when was it first given?

Legal questionDid payment stop before or after any deficiency was raised on the record?

HOLDBACK AND LIEN EXPOSUREEarly stage

A holdback retained past the release date the subcontract sets out, with no written set-off claim on the record.

1 of 3 supported

Holdback retained under the subcontractRelease date reachedWritten set-off claim on the record

SUPPORTING FINDINGS

Legal questionHas the holdback release date in the subcontract already passed?

3 policy threads • 1 Partial response, 1 Conditional, 1 Unlikely

Analysis from Advocate. Not legal advice.

Wrap-up — projectCGL — deficiency allegationsBuilders risk

Policy threads3

Wrap-up liability — project policy (enrolled)Partial response

Commercial general liability — deficiency allegationsConditional

Builders risk — course of constructionUnlikely

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A plain-language claim summary of where the matter stands, generated from the file.

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The Binder Method

How far this matter has moved through the six actions — computed from the file as it stands, never an opinion.

BBriefIInvestigateNNotifyDDocumentEEducateRRefer

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This summary describes where the matter stands on the file as it exists today. It is written from your records and documents, and it changes as they do.

The file shows a fixed-price subcontract, certified progress invoices, and a holdback held past the release date the subcontract sets out. The deficiency list entered the record after payment had already stopped, and the work continued without interruption through that period.

What remains open on the record is the sequence — when the deficiencies were first raised in writing, which invoices were certified, and what the subcontract itself says about set-off and the timing of the holdback release. Each of these is a question the documents on file can answer.

A plain-language summary of where this matter stands, generated from the file. Not legal advice.

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Faculty of Law · Law Open Studies · Comprehensive

Payment on a Fixed-Price Build: Progress Invoices, Deficiencies, and the Holdback

The file shows a fixed-price subcontract, certified progress invoices, and a holdback held past the release date the subcontract sets out. The deficiency list entered the record after payment had already stopped, and the work continued without interruption through that period.

CANational · applies across CanadaComprehensive$149View course →

Payment on a Fixed-Price Build: Progress Invoices, Deficiencies, and the Holdback

1 of 5

1. When payment stops: reading your subcontract first9 min

2. Context and the governing rules11 min

3. What the record shows8 min

4. Where exposure lands12 min

5. Applying it to your file7 min

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When payment stops: reading your subcontract first

The file shows a fixed-price subcontract, certified progress invoices, and a holdback held past the release date the subcontract sets out. The deficiency list entered the record after payment had already stopped, and the work continued without interruption through that period. What remains open on the record is the sequence — when the deficiencies were first raised in writing, which invoices were certified, and what the subcontract itself says about set-off and the timing of the holdback release. Each of these is a question the documents on file can answer.

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SubjectMatter · Fixed-price build — stopped payments

Regarding2 Advocate items selected

Committed RecordsLibrary documents

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Matter · Fixed-price build — stopped paymentsDeliveredSubmitted

Question

The contractor stopped paying our progress invoices and is withholding the holdback, citing deficiencies raised only after we asked about payment. What does the law say about where we stand on the unpaid invoices and the holdback release?

Memo

Date:

Facts

The file shows a fixed-price subcontract, certified progress invoices, and a holdback held past the release date the subcontract sets out. The deficiency list entered the record after payment had already stopped, and the work continued without interruption through that period.

Issues and Rule

What remains open on the record is the sequence — when the deficiencies were first raised in writing, which invoices were certified, and what the subcontract itself says about set-off and the timing of the holdback release. Each of these is a question the documents on file can answer.

Analysis

The file shows a fixed-price subcontract, certified progress invoices, and a holdback held past the release date the subcontract sets out. The deficiency list entered the record after payment had already stopped, and the work continued without interruption through that period.

Conclusion

What remains open on the record is the sequence — when the deficiencies were first raised in writing, which invoices were certified, and what the subcontract itself says about set-off and the timing of the holdback release. Each of these is a question the documents on file can answer.

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Delivered · Researched and written by a Canadian lawyer.

Six actions. One matter.

Notify — Findings synthesisFindings, read across your matters together.

Supplier contract3 findings

Recurring late deliveries under a term supply agreement.

Commercial lease2 findings

A disputed repair obligation under a commercial lease.

Client non-payment4 findings

Invoices outstanding past their contractual due date.

Reading findings across 3 matters…

Findings synthesis

Across 3 matters · generated from the findings on file

Supplier contractCommercial leaseClient non-payment

Read together, these matters show one recurring pattern: each turns on a written agreement that sets a date — a delivery schedule, a repair timeline, a payment due date — and in each file the other party’s first written response appears only after that date had passed.

The exposure repeats across Supplier contract, Commercial lease, and Client non-payment: the obligation is documented at signing, while the correspondence around each deadline enters the record late or not at all. No single matter shows this on its own.

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