b'LEGAL COLUMNspecified will then have seven days to payis to submit the matter to adjudication,safeguards. Further, it is unclear how the each sub-contractor who supplied servicesdiscussed further below. addition of adjudication procedures will or materials under a sub-contract. Thisimpact pre-existing dispute resolution payment timetable continues down theImportantly, if the owner disputesprocesses. Adjudication could functionally construction pyramid, meaning that eachthe entire invoice or fails to make anydisplace builders liens as the primary sub-contractor who receives full paymentpayment within 28 days, the contractorrecourse available to unpaid contractors from a contractor will also have seven dayswill still be required to pay sub-contractorsand sub-contractors, though it seems to pay each sub-contractor who suppliedeither within seven days of receiving thelikely that adjudication language will not services or materials to them, and so on. notice of non-payment or 35 days afterexclude this action should parties still wish giving the proper invoice. However, if theto pursue it.Owners will be permitted to dispute anycontractor cannot carry this cost or if they proper invoice and refuse to pay a portiondispute the sub-contractors entitlementThough it can be expected that the of it, but they must specify the details ofto payment altogether, contractors canabove process will change to some extent such a refusal with expedited timelines.avoid this requirement by also providingand the adjudication process will be The owner must give the contractor athe sub-contractors with a notice ofdescribed in legislation, prompt payment notice of non-payment within 14 daysnon-payment. This notice must statelegislation appears to be coming to B.C. of receiving the proper invoice. (Thethat some or all of the amount payablewith the goal of reducing payment times incoming legislation and regulationsto the sub-contractor is not being paidin construction projects. With any luck, will outline the form and manner of thedue to non-payment by the owner, orB.C.s prompt payment legislation will notice of non-payment.) If the owner onlybecause entitlement is in dispute, and thesucceed in ensuring contractors and sub-disputes a portion of the invoice specificnotice must also provide an undertakingcontractors are paid by establishing clear to a sub-contractor, the owner will beto sub-contractors to refer the matter totimelines for all parties to follow and by required to make payment for all otheradjudication no later than 21 days aftersetting out a straightforward adjudication File name: CG3036_Trisura TLC AD 7x4.583 Client: TRISURAamounts in the proper invoice. If thereceiving the notice.procedure to resolve any disputes. refusal is more general, and the portionSize: Custom Created: December 8, 2021paid by the owner to the contractor is notBill M 223 does not describe the conceptWe recommend consulting with a legalDecember 8, 2021 5:25 PMTrim: 7 W x 4.583 H with 0.125 bleed Modified:enough to pay all sub-contractors, thenof adjudication in any manner, but it canprofessional to clarify the new prompt Colour Mode: CMYK Resolution: at least 300 DPIthe contactor will pay all sub-contractorsbe expected that language will be includedpayment legislation when it comes into on a rateable basis. In either of thesewithin this bill (or a similar bill) to detailforce before entering into anyscenarios, the recourse for contractorsthe process and appropriate proceduralconstruction contract.Surety in need ofa little TLC? Discover Trisuras commercial, contract and developer surety solutions.Trisura.comSICA CONSTRUCTION REVIEWSpring 202225'