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2026 Ontario Construction Act Changes | What Homeowners Know
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2026 Ontario Construction Act Changes | What Homeowners Know

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RenoNext Team

RenoNext — Renovation, Reinvented

4 min readMar 18, 2026
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The 2026 Ontario Construction Act Changes: What Homeowners Need to Know

Ontario's Construction Act has undergone significant modernization over the past several years, with amendments phased in between 2018 and 2026. These changes fundamentally alter how renovation payments work, how disputes are resolved, and what protections homeowners and contractors have.

A Brief History of the Changes

The Construction Act (formerly the Construction Lien Act) was originally enacted in 1990. After decades of complaints from both sides of the industry, Ontario undertook a comprehensive review that resulted in major amendments:

YearChangeImpact
2018Name changed to Construction ActBroader scope beyond just liens
2019Prompt payment provisions enacted28-day payment timelines
2019Adjudication introducedFast-track dispute resolution
2024Holdback rules modernizedClearer timelines for residential projects
2025Adjudication expanded to residentialHomeowners can now use adjudication
2026Full prompt payment for residentialAll residential projects covered

The 10% Holdback: What Changed

The holdback has always existed, but the rules are now clearer:

How it works:

  • Homeowner retains 10% of each milestone payment
  • Holdback is maintained for **60 days** after substantial completion (previously it was based on the publication of a Certificate of Substantial Performance)
  • After 60 days with no liens filed, holdback is released to the contractor
  • If a lien is filed, the holdback may be used to satisfy the claim
  • Example: $100,000 Renovation

    EventAmountRunning Holdback
    Milestone 1 paid ($20,000)$18,000 released, $2,000 held$2,000
    Milestone 2 paid ($25,000)$22,500 released, $2,500 held$4,500
    Milestone 3 paid ($25,000)$22,500 released, $2,500 held$7,000
    Milestone 4 paid ($30,000)$27,000 released, $3,000 held$10,000
    60 days after completion$10,000 released (if no liens)$0

    Prompt Payment: The 28-Day Rule

    The prompt payment provisions establish clear timelines:

  • Contractor submits a **proper invoice** to the homeowner
  • Homeowner has **28 days** to pay
  • If the homeowner disputes, they must issue a **Notice of Non-Payment** within **14 days**, stating specific reasons
  • If no notice is given, the full amount is due on day 28
  • Interest accrues on late payments
  • A "proper invoice" must include:

  • Contractor's name and address
  • Date of invoice
  • Project identification
  • Description of services or materials
  • Amount due including HST
  • Payment terms
  • Adjudication: Fast-Track Disputes

    One of the most significant changes: **adjudication** is now available for residential projects. This provides a faster alternative to court:

  • Either party can refer a dispute to adjudication
  • An adjudicator must be appointed within **7 days**
  • The adjudicator issues a decision within **20 days** (extendable to 30)
  • The decision is **interim binding** — it must be followed while any court challenge proceeds
  • Much faster and cheaper than litigation
  • Common issues resolved through adjudication:

  • Payment disputes
  • Scope disagreements
  • Holdback release timing
  • Change order valuation
  • Completion date disputes
  • How These Changes Affect Your Renovation

    For Homeowners

    New obligations:

  • Must pay invoices within 28 days or issue a formal Notice of Non-Payment
  • Must maintain the 10% holdback (no shortcuts)
  • Must respond to adjudication requests
  • New protections:

  • Can refer disputes to adjudication instead of court
  • Clear holdback release timeline (60 days)
  • Contractors must provide proper invoices before payment is due
  • For Contractors

    New obligations:

  • Must submit proper invoices meeting specific requirements
  • Must participate in adjudication if requested
  • Subject to prompt payment obligations to subcontractors
  • New protections:

  • Guaranteed 28-day payment timeline
  • Adjudication provides fast resolution for payment disputes
  • Interest on late payments
  • What This Means for Your Contract

    Every renovation contract in Ontario should now address:

  • **Payment timelines** — Align with the 28-day rule
  • **Holdback provisions** — 10% retained for 60 days
  • **Invoice requirements** — What constitutes a "proper invoice"
  • **Dispute resolution** — Reference adjudication as a first step
  • **Lien rights notice** — Inform both parties of their rights
  • You can generate a contract that addresses all of these requirements using RenoNext's free [Contract Generator](/contracts). It automatically includes holdback calculations, prompt payment references, and dispute resolution mechanisms.

    For more on how escrow protects your renovation funds, see our guide on [Why Renovation Escrow Protects Your Money](/blog/why-renovation-escrow-protects-your-money).

    Key Takeaways

  • The Construction Act now covers residential renovations comprehensively
  • 28-day prompt payment is mandatory for all invoices
  • 10% holdback for 60 days protects against liens
  • Adjudication provides a fast-track alternative to court
  • Your contract should reference these provisions explicitly
  • Both parties benefit from understanding their rights and obligations
  • #construction-act
    #ontario-law
    #holdback
    #prompt-payment
    #renovation
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