ArtBuild template ArtBuild template · All of Canada
Pay when paid clause review
Read your pay-when-paid or pay-if-paid clause and record what it says.
- Version
- 2026.1
- Last updated
- October 24, 2026
Prepared by ArtBuild to help you organise your paperwork. It is general information, not legal advice, and it has not been reviewed by a lawyer. Check the rules for your province or territory before you act.
Part of the Pay-When-Paid Protection Kit: start with its guide, and download the whole kit there.
Download PDF Download editable Word (.docx)
Collect the whole contractual context
Use this worksheet to prepare a legal review of a payment clause tied to another party’s receipt. Do not classify the clause as enforceable or unenforceable from its heading. Timing language, conditions, definitions and surrounding clauses may need separate interpretation.
- Project province or territory and project type
- Subcontract parties date and amendments
- Reviewer and date
- Clause number and complete wording
- Definitions incorporated documents and order of precedence
- Prime-contract terms actually supplied
- Invoice and relevant payment period
| Related provision | Reference and wording | Question for reviewer |
|---|---|---|
| Payment trigger and timing | [enter] | [enter] |
| Owner-payment condition | [enter] | [enter] |
| Notice and dispute process | [enter] | [enter] |
| Suspension or termination | [enter] | [enter] |
Test the facts and legal application
| Question | Evidence available | Confirmed or unresolved |
|---|---|---|
| Was your invoice properly submitted? | [receipt and required attachments] | [enter] |
| Was your work included upstream? | [application and allocation] | [enter] |
| What has the debtor actually received? | [authorized supporting record] | [enter] |
| What part is disputed and why? | [itemized notice] | [enter] |
| Which statute or transition applies? | [official provision and project facts] | [ask your adviser] |
Fictional review question: Clause A refers to receipt of owner funds, while clause B specifies payment after an accepted invoice. Record both clauses and the document hierarchy; do not select whichever date is later without review.
- Reviewer interpretation and limits
- Required notices dates and delivery method
- Official source provision and effective version
- Unresolved factual questions and owner
- Next action and review date
No automatic legal conclusion is produced. An information request is not a substitute for a required notice.
Before you act: this document is general information prepared by ArtBuild to help you organise facts and paperwork. It is not legal advice and has not been reviewed by a lawyer for your situation. Rules differ by province and territory and change over time. Check the official source for your project, and for deadlines, liens, court or insolvency steps, speak with a lawyer licensed where the project is located.