In the days of the Construction Lien Act[1] (the “CLA”), it used to be said that holdback lost its character as holdback and became trust funds once liens expired. But that has not been the case since the introduction of the Construction Act’s amendments in 2018. On an improvement to which the Construction Act applies, owners cannot avoid holdback payment obligations simply by waiting (with one strange, recent caveat).
This article provides a brief overview of how holdback has been treated when it comes time for payment by the owner.