Does the Builders Lien Act require housing providers to ask contractors for a Statutory Declaration, confirming they have paid all suppliers, subcontractors, and employees?

The Act gives you the right to ask contractors for a Statutory Declaration confirming they have paid their bills. BC Housing requires contractors to submit a Statutory Declaration Form 9A for second and subsequent payment draws and when requesting release of the lien holdback.

The lien holdback must be paid 55 days after the contractor declares substantial performance, provided no liens have been filed. Conduct a lien search before making the payment. The contractor is confirming bills have been paid when the Statutory Declaration is signed, which will limit your liability for unpaid contractor accounts. See page 13 in chapter three of the Maintenance Guide for more information on lien searches