Holdbacks and prompt payment: closing the contractor cash gap
Holdbacks and payment cycles can leave profitable contractors short on cash. Here's how Ontario's rules work and how to finance around the gap.
Construction is one of the few industries where you can be profitable on paper and still struggle to make payroll. Materials, crew and equipment get paid up front, while your money arrives in progress draws, minus a holdback that can sit for months.
How holdbacks work in Ontario
Under Ontario's Construction Act, the owner holds back 10% of the value of the work on each payment. That holdback protects against liens and isn't released until the project reaches substantial completion and the lien period has passed. On a $400,000 job, that's $40,000 of earned money you can't use for months.
Prompt payment rules
For contracts entered into on or after October 1, 2019, Ontario's prompt payment rules set clear deadlines:
- Owners must pay the contractor within 28 days of receiving a proper invoice.
- Contractors must pay their subcontractors within 7 days of being paid.
Several other provinces have introduced their own prompt payment rules, so check what applies where you work. Even with these rules, the gap between spending and getting paid is real, especially when you're growing.
Financing that fits construction cash flow
- A line of credit sized to your draw cycle. Covers materials and payroll between draws, then gets paid down when the draw lands.
- Equipment financing. Keep your cash for operations instead of tying it up in machines. The equipment secures the loan.
- Invoice or receivables financing. Advance funds against approved progress invoices from creditworthy owners and GCs.
- A term loan for one-time needs like a second crew, a yard or a new truck.
What to avoid
Using daily-payment cash advances to cover a holdback that won't release for months. The payments start tomorrow, the holdback doesn't, and the math rarely works.
What lenders want to see
Your contract list or backlog, recent progress billings, and bank statements showing draws coming in. Lenders that specialize in construction understand lumpy deposits. Your advisor will take your file to those lenders, not the ones that see one slow month and say no.
This guide is general information, not financial, tax or legal advice. Programs, rules and rates change, so confirm details for your situation with a qualified professional.