CPA · Prompt Payment and Construction Lien Act
Part 8 — Enforcement of Liens
61 Application of money realized
to a lien under this Act, the court may order that in a sale under this
Act
(a) the property be sold subject to the mortgage or
encumbrance, or
(b) the property be sold at an upset price of not less than th e
amount secured under the mortgage or encumbrance,
costs, and the costs of the sale.
(2) All money realized from a sale, receivership or trusteeship
under this Act and insurance money to which section 16 applies
shall be paid into court for distribution as provided in this section.
(3) When a sale is made pursuant to subsection (1)(a), the money
in court shall be distributed in the following order:
(a) in paying the costs of those parties to whom costs have
been awarded by the court
(i) of and incidental t o the proceedings, and
(ii) of registering and proving the liens;
RSA 2000
PROMPT PAYMENT
(b) in paying 6 weeks' wages, if so much is owing, of all
labourers employed by the owner, contractor or
subcontractor;
(c) in paying the several amounts owing to lienholders other
than the contractor;
(d) in paying the amount owing to the contractor.
(4) When a sale is made pursuant to subsection (1)(b), the money
in court shall be distributed in the following order:
(a) in payment of all amounts due, including costs and costs
of sale, to the holders of mortgages or other registered
encumbrances that are prior to liens under this Act;
(b) in paying the costs of all lienholders
(i) of and incidental t o the proceedings, and
(ii) of registering and proving the liens;
(c) in paying 6 weeks' wages, if so much is owing, of all
labourers employed by the owner, contractor or
subcontractor;
(d) in paying the several amounts owing to lienholders other
than the contractor;
(e) in paying the amount owing to the contractor.
(5) Each class of lienholders, as between themselves, rank without
preference for their several amounts and the portion of the money
available for distribution to each class shall be distributed among
the lienholders in that class proportionately according to the
amounts of their respective claims as proved.
(6) If a labourer has more than 6 weeks' wages owing to the
labourer by a subcontractor, contractor or owner, the court
(a) shall cause the sum additional to 6 weeks' wages to be
deducted out of any sum actually coming to the
subcontractor, contractor or owner under a distribution
pursuant to subsection (1), and
(b) shall order the sum to be paid to the labourer.
RSA 1980 cB-12 s47
RSA 2000