Getting paid in Saskatchewan: prompt payment, adjudication and the 10% holdback

Late payment is the most common cash-flow problem for small contractors. Saskatchewan's prompt payment amendments to The Builders' Lien Act set fixed deadlines and a fast adjudication process.

In force since March 1, 2022

The prompt payment amendments to The Builders' Lien Act were proclaimed in force on March 1, 2022.

Payment deadlines

An owner must pay a proper invoice within 28 days of receiving it from the contractor. An owner who disputes an invoice has 14 days to give notice of the dispute.

Adjudication

Payment disputes can be referred to adjudication. The adjudicator must issue a determination within 30 days of receiving the documents, and the paying party must pay within 10 days after the determination is communicated.

The 10% holdback

Payers must keep a holdback equal to 10% of the greater of the value of the services provided and the payments made. The holdback is generally released 40 clear days after certification of substantial performance or, without certification, after the earlier of completion or abandonment.

Liens and adjudication together

Where a lien is also the subject of an adjudication, the Act treats the lien as expiring on the later of its ordinary expiry date and 45 days after the adjudicator receives the documents. Check the registration deadline for your lien in the Act; it is not summarized here.

Prevention Checklist

• Issue proper invoices and record the date each is received.
• Owners: pay within 28 days or give notice of dispute within 14.
• Use adjudication for payment disputes; expect a determination within 30 days.
• Keep a 10% holdback and diarise the 40 clear days.
• Check the lien registration deadline in the Act before relying on it.

References

1. Government of Saskatchewan. The Builders' Lien (Prompt Payment) Amendment Act, 2019, S.S. 2019, c. 2, Statute, Payment, notice of dispute, adjudication, holdback. Accessed 2026-11-01.
2. Government of Saskatchewan. The Builders' Lien Act, S.S. 1984-85-86, c. B-7.1, Consolidated statute, Holdback; lien expiry. Accessed 2026-11-01.

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