Chapter 21: Rights to Information
21.1 | What rights to information exist under the Builders Lien Act?
Rights to information
Commentary: reference has already been made to the rights of a lien holder to seek information from the owner or the construction lender.
[See paragraphs 6.12 and 17.2]
The owner is also given certain rights to information. A written request may be directed to a contractor or a subcontractor where a claim of lien has been filed for particulars of any subcontract including the identity of the parties, the price and the state of accounts.
[See section 41(2)]
Where a request is delivered by either the owner or a lien holder, the person obliged to provide the information must do so within ten days. A failure to do so may result in liability for any loss or damage caused to the person who requested the information.
[See sections 41(3) and 41(4)]
Where a request made by the owner is not complied with within the time required, the owner may withhold further payments from a contractor or instruct the contractor to withhold further payments to a subcontractor who has failed to comply.
[See section 41(5)]
The Act also provides for an application to court by an interested party for the inspection of contracts, documents and records relating to the contract or subcontract in respect of which a request has been made.
[See section 41(6)]