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Builders’ Lien Regulations

made under Section 48 of the

Builders’ Lien Act

R.S.N.S. 1989, c. 277

O.I.C. 2017-123 (April 24, 2017, effective June 30, 2017), N.S. Reg. 72/2017

Citation

1     These regulations may be cited as the Builders’ Lien Regulations.

Definitions

2     In these regulations,

 

“Act” means the Builders’ Lien Act;

 

“certified complete” means certified complete under Section 13A of the Act.

Application of these regulations

3     (1)    These regulations do not apply to an owner who requests work, services or materials for any of the following that are owned and occupied by the owner or their spouse or common-law partner for single-family residential purposes, up to the monetary limit set out in subsection (2):

 

                (a)    constructing a structure;

 

                (b)    improving a building or land.

 

       (2)    The monetary limit for the purposes of subsection (1) is $75 000 or less for

 

                (a)    the contract price for the work, services and materials; or

 

                (b)    if there is no specific contract price, the value of the work, services and materials.

Notice of substantial performance

4     (1)    No later than 10 days after the date on which a contract between a contractor and an owner is substantially performed, the owner must post a notice of substantial performance in all of the following places:

 

                (a)    on the publicly available portion of the website of the Construction Association of Nova Scotia;

 

                (b)    if there is a job site office at the job site, in a prominent location in the job site office.

 

       (2)    A notice of substantial performance must include all of the following information:

 

                (a)    the name and address of the owner;

 

                (b)    the name and address of the contractor;

 

                (c)    a description of the work or improvement to which the contract relates;

 

                (d)    a description of the land on which the contract was performed;

 

                (e)    the date on which the contract was substantially performed.

Notice of subcontract completion

5     (1)    No later than 10 days after the date on which a subcontract is certified complete, the owner must post a notice of subcontract completion in all of the following places:

 

                (a)    on the publicly available portion of the website of the Construction Association of Nova Scotia;

 

                (b)    if there is a job site office at the job site, in a prominent location in the job site office.

 

       (2)    A notice of subcontract completion must include all of the following information:

 

                (a)    the name and address of the owner;

 

                (b)    the name and address of the contractor;

 

                (c)    the name and address of the subcontractor;

 

                (d)    if the subcontract is certified complete under subsection 13A(1) of the Act, the name and address of the architect, engineer or other person upon whose certificate payments are to be made;

 

                (e)    a description of the work or services performed under the subcontract or the materials placed or furnished under the subcontract;

 

                (f)    a description of the land on which the work or services were performed under the subcontract or on which the materials were placed or furnished under the subcontract;

 

                (g)    the date on which the subcontract was certified complete.

No fee for publishing, searching or viewing notice

6     The Construction Association of Nova Scotia must not, directly or indirectly, charge a fee for any of the following:

 

                (a)    posting a notice on its website under these regulations;

 

                (b)    searching for or viewing a notice posted on its website under these regulations.

 

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