If you are an Ontario contractor or subcontractor applying for holdback release or for second and subsequent progress payments, then you may have to submit a completed CCDC Statutory Declaration of Progress Payment Distribution by Contractor (Form 9A) or Subcontractor (Form 9B). Your Neighbourhood Notary can help you commission your Statutory Declaration of Progress Payment Distribution by Contractor (Form 9A) or Subcontractor (Form 9B) once filled out.
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What is it?
The Canadian Construction Documents Committee (CCDC) has produced Statutory Declaration of Progress Payment Distribution by Contractor (Form 9A) or Subcontractor (Form 9B) forms, which are downloadable free-of-charge on their website (Form 9A or Form 9B). They are sworn statements for use by Contractors or Subcontractors as a condition of receiving payment for either the second and subsequent applications for progress payment or the release of holdback funds. There are three exceptions:
The use of these forms help to ensure that construction projects maintain appropriate payment distribution between vendors, up to and including the latest progress payment received. Who Uses the Form? There are currently four associations that enforce the CCDC documents: |
The Form
By marking the appropriate box at the top left of the forms, the contractor or subcontractor identifies for which type of payment the form (i.e. second and subsequent progress payments or release of holdback) is a condition.
Other important information to be included in the form include the name of the project, the date of the project, and the names of the contracting parties.
It is important to note that a CCDC-9 copyright seal is required to be applied to each and every completed form. Use of the forms without a CCDC-9 copyright seal constitutes an infringement of copyright. Use of the form with a CCDC-9 copyright seal demonstrates that it is intended by the parties to be an accurate and unamended version of the form. Seals can be purchased from your local association.
After you have completed your form, including affixing your CCDC-9 copyright seal, you must have your completed Statutory Declaration commissioned/signed before a Commissioner for Taking Affidavits, a Notary Public, or a Justice of the Peace. Neighbourhood Notary can assist.
More Information
For more information regarding the Canadian Construction Documents Committee (CCDC) and the Statutory Declaration of Progress Payment Distribution by Contractor (Form 9A) or Subcontractor (Form 9B) forms, visit the CCDC website.
By marking the appropriate box at the top left of the forms, the contractor or subcontractor identifies for which type of payment the form (i.e. second and subsequent progress payments or release of holdback) is a condition.
Other important information to be included in the form include the name of the project, the date of the project, and the names of the contracting parties.
It is important to note that a CCDC-9 copyright seal is required to be applied to each and every completed form. Use of the forms without a CCDC-9 copyright seal constitutes an infringement of copyright. Use of the form with a CCDC-9 copyright seal demonstrates that it is intended by the parties to be an accurate and unamended version of the form. Seals can be purchased from your local association.
After you have completed your form, including affixing your CCDC-9 copyright seal, you must have your completed Statutory Declaration commissioned/signed before a Commissioner for Taking Affidavits, a Notary Public, or a Justice of the Peace. Neighbourhood Notary can assist.
More Information
For more information regarding the Canadian Construction Documents Committee (CCDC) and the Statutory Declaration of Progress Payment Distribution by Contractor (Form 9A) or Subcontractor (Form 9B) forms, visit the CCDC website.
DISCLAIMER: information provided in this article is for informational purposes only. It may not be up-to-date and may not be accurate. It shall not be construed as legal advice. Please contact the relevant governmental entity or organization for the most up-to-date and accurate information.
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Need help commissioning your CCDC Statutory Declaration of Progress Payment Distribution by Contractor (9A) or Subcontractor (9B)?