ArtBuild OS

ArtBuild template ArtBuild template · All of Canada

Trust funds and holdback review

Trace holdback and project money, and list the questions for your lawyer.

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 General Contractor Bankruptcy Recovery Kit: start with its guide, and download the whole kit there.

Download editable Word (.docx)

Separate the money and the legal questions

Use this worksheet to trace project funds and retained amounts when a general contractor enters insolvency. A bookkeeping label such as trust or holdback does not establish ownership, priority or a recoverable claim. Do not combine a possible claim against a fund with the same debt against the estate without review.

Project and jurisdiction
Owner and contract chain
Public or private project; residential or commercial
Debtor and proceeding reference
Contract holdback clause
Ledger snapshot date
Amount / fundWho holds itEvidenceAlready in ledger?
Retained holdback CAD [amount][enter][certificate / statement][yes/no/unknown]
Owner payment CAD [amount][enter][remittance / bank record][enter]
Project receipt CAD [amount][enter][source and allocation][enter]
Other identified fund[enter][record][enter]

Preserve lawful records of receipt, allocation and use. Do not access another party's banking records without authorization.

Prepare the legal review

  • Identify the exact statutory or contractual basis being investigated, with jurisdiction and version.
  • Distinguish money still held by the owner from money received by the contractor.
  • Trace each amount to the project and record any commingling or missing information as uncertainty.
  • Provide trust, holdback, security and insolvency documents together to the reviewer.
  • Ask how the proceeding and any court order affect preservation, enforcement or recovery.

Fictional double-counting check

The account shows CAD 10,000 outstanding, including CAD 1,500 retained holdback. The starting reconciliation remains CAD 10,000, not CAD 11,500. Whether CAD 1,500 is payable by another person or from an identified fund is a separate question; record recoveries against the same debt to avoid duplicate collection.

Official source and provision for review
Unresolved tracing evidence
Reviewer identity and jurisdiction
Review conclusion and limits
Action, responsible person and confirmed date

No trust, lien, priority or holdback entitlement is determined by this worksheet.

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.

ArtBuild template All of Canada

Creditor recovery action plan

Assign each step of your creditor response to a person and a date.

Version 2026.1

Protect your construction business. Create your free ArtBuild Business Hub account.

With a free ArtBuild Business Hub account you can save the documents you generate, reuse your business details on every form, and find them again later. Everything on this page stays free without an account.

Create a free account