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Article • June 3, 2021

Statutory Declaration of Progress Payment Distribution

A Statutory Declaration of Progress Payment Distribution is a sworn declaration made before a notary public, whereby a Contractor (on form 9A-2018) or Subcontractor (on form 9B-2018) declares that all amounts payable by them as a result of their receipt of a specified progress payment have been paid, subject to the three following exceptions:

1. Holdback monies properly retained,
2. Payments deferred by agreement, or
3. Payment withheld by reason of legitimate dispute which has been identified to the party or parties from whom payment has been withheld.

CCDC 9A-2018 is for use only by Contractors as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds. CCDC 9B-2018 is for use only by Subcontractors, similarly. By marking the appropriate box at the top left of the forms, the declarant identifies for which type of payment the form is a condition.

There are currently four associations that enforce the CCDC documents, which are:

• Association of Consulting Engineering Companies – Canada (ACEC)
• Canadian Construction Association (CCA)
• Construction Specifications Canada (CSC)
• Royal Architectural Institute of Canada (Architecture Canada)

At Notaring, we understanding your busy schedule, which is why our notaries can help you notarize your statutory declaration online in under 5 minutes!

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