When can holdback be released in Ontario?
The basic 10% holdback may be released after the 60-day lien period following publication of substantial performance has expired, provided no liens have been preserved against the project. Owners typically require a lien search confirming title is clear before paying out the holdback.
What starts the holdback release clock?
Publication of the certificate of substantial performance starts the 60-day lien preservation period for work done to that point. When that period expires with no preserved liens, the accumulated holdback becomes releasable.
Is there a separate finishing holdback?
Yes. After substantial performance, a further holdback applies to the value of work still to be completed. It is released after the lien period running from completion expires, so on many projects holdback is released in two stages.
Can the owner refuse to release holdback if there is a lien?
Yes. If a lien has been preserved against the project, the owner is entitled — and generally required — to retain the holdback as security until the lien is discharged, vacated (often by posting security into court), or otherwise resolved.