Construction Holdback Rules in Saskatchewan
Under the Builders' Lien Act (Prompt Payment Amendment), SS 1984-85-86, c. B-7.1 (am. SS 2019, c. 2)
Saskatchewan requires a statutory holdback of 10% of each payment (SK Builders' Lien Act s. 34, ss. 43(1)(a), 44), retained rather than paid out, to protect lien claimants further down the chain. It is a standing obligation that runs alongside the prompt-payment clock, not a payment dispute.
In Saskatchewan the holdback is held for 40 days before it can be released, tied to substantial performance and the expiry of the lien-filing window.
Saskatchewan holdback deadlines
The statutory clocks for this topic in Saskatchewan, with section citations.
| Clock | Value | Statute |
|---|---|---|
Holdback retained Percentage of each payment retained as statutory holdback to protect lien claimants. SK Builders' Lien Act Section 34, Sections 43 | 10% | SK Builders' Lien Act Section 34, Sections 43 |
Holdback release period Period that must run before holdback may be released. SK Builders' Lien Act Section 34, Sections 43 | 40 days | SK Builders' Lien Act Section 34, Sections 43 |
How much, and from what
Saskatchewan fixes the holdback at 10% of the value of the work or materials, taken from each payment as the work proceeds. The held-back amount accumulates over the life of the contract.
How long SK holds it
Holdback in Saskatchewan is retained for 40 days (SK Builders' Lien Act s. 34, ss. 43(1)(a), 44), running until the lien-filing window of 40 days (SK Builders' Lien Act s. 49 / s. 50) has expired with no liens outstanding. Releasing it early can expose the payer to paying twice if a valid lien is later filed.
Releasing holdback
Once the Saskatchewan lien period has run and no liens are registered, the holdback can be released. Tiercord tracks the holdback balance and the release date for each contract and surfaces both on the deadline dashboard.
Holdback in Saskatchewan: FAQ
How much holdback must I retain in Saskatchewan?
10% of the value of the work or materials (SK Builders' Lien Act s. 34, ss. 43(1)(a), 44), taken from each payment.
How long is holdback held in Saskatchewan?
40 days (SK Builders' Lien Act s. 34, ss. 43(1)(a), 44), until the 40-day lien-filing window expires with no outstanding liens.
See the full Saskatchewan guide
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