RTA · Prompt Payment and Construction Lien Act
Part 2 — Creation of Lien
29 Payment to lienholder by owner, etc.
(a) gives written notice to
(i) the person liable on the contract or the person's
agent, and
(ii) the persons liable on a ny intervening contracts or
their agents,
of the intention of the own er, mortgagee, contractor or
subcontractor to make payment to a person who has a lien
for or on account of a debt due to that person for work
done or materials furnished and for which the person
giving notice is not liable on the contract, and
(b) does not receive from any person to whom a notice was
given under clause (a), or the person's agent, within 5
days from the day on which the notice was given, an
objection to the making of the payment,
the owner, mortgagee, contractor or subcontractor may, subject to
subsection (2), make the payment and the payment is a payment on
the contract or, in the case of a mortgagee, an advance on the
mortgage, and on the intervening contracts, as the case may be, but
not so as to affect the percentage required to be retained by the
owner under section 18(1), (1.1) or (1.2) or 23(1), (1.1) or (1.2), as
the case may be.
(2) A payment shall not be made under subsection (1) if the person
intending to make the payment receives from any person to whom
RSA 2000
PROMPT PAYMENT
a notice was given under subsection (1)(a), or the person's agent,
an objection to the making of the payment before the payment is
made.
RSA 2000 cB-7 s29;2001 c20 s9;2020 c30 s13