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Contents
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What are CCDC 9A and 9B Forms?
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Who Needs CCDC 9A and 9B Forms?
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When Do You Need CCDC 9A and 9B Forms?
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Are Forms CCDC 9A and 9B Important?
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Do CCDC 9A and 9B Forms Need to Be Commissioned?
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Frequently Asked Questions
What are CCDC 9A and 9B Forms?
CCDC 9A and 9B Forms are statutory declarations affirming that you’ve paid for labour, materials, and related services on a construction project. To be valid, they must be commissioned by an authorized official, such as a notary public or commissioner of oaths.
Form CCDC 9A confirms that a general contractor has paid all parties involved in their project scope. Form CCDC 9B affirms that a subcontractor has paid the parties within their own subcontracted scope of work. Both Forms may be required as a condition of paying contractors and subcontractors, including the release of holdback funds.
You might need these forms in the following circumstances:
- You’re waiting on funds that were withheld as part of the standard holdback.
- You’re requesting payment due under the contract, subject to certain payment conditions.
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Who Needs CCDC 9A and 9B Forms?
Whether you require CCDC Forms depends on your construction contract’s terms and payment requirements, as set by the owner or lender. CCDC 9A Forms are for general contractors, while CCDC 9B Forms are for subcontractors. Here’s a more detailed breakdown of each one below:
CCDC 9A: For General Contractors
As a general contractor, you use CCDC Form 9A to confirm you’ve paid everyone involved in your scope of work. This includes labour, subcontractors, materials, services, machinery, and equipment. This declaration assures project owners and lenders that project funds were used appropriately, enabling you to receive payment without delay.
CCDC 9B: For Subcontractors
As a subcontractor, CCDC Form 9B confirms you’ve paid your own workers, sub-subcontractors, and suppliers. It protects you by demonstrating that everyone under your contract has been compensated. This provides general contractors and project owners peace of mind and clears the way for your payment. It also reduces the risk of liens or payment disputes.
When Do You Need CCDC 9A and 9B Forms?
CCDC Forms are commonly required at specific payment milestones during a construction project, depending on the contract terms.
- Second and subsequent progress payments: You use these Forms to request any second or subsequent progress payment. They serve as sworn declarations confirming that all prior payments have been distributed appropriately to subcontractors, suppliers, and workers.
- Release of holdback funds: Once work is completed and the lien period has ended, you’ll need these Forms to request release of holdback funds.
Are Forms CCDC 9A and 9B Important?
CCDC Forms help keep payments moving, protect everyone involved, and ensure your project stays on track. They’re essential for crucial financial and legal aspects of construction projects:
- Payment release: These Forms enable you to request the release of progress draws or holdback funds. They support the release of payment for the work you’ve done.
- Payment proof: CCDC Forms serve as legal declarations showing that you’ve paid everyone within your scope, including workers, subcontractors, and suppliers.
- Lien protection: By validating payments you’ve made, project owners and lenders can help reduce lien risk from claims by unpaid subcontractors or suppliers.
- Contractual compliance: Submitting these Forms is often required to receive progress payments and access holdback funds.
- Industry standard practice: CCDC 9A and 9B Forms are widely used in Canadian construction projects.
Do CCDC 9A and 9B Forms Need to Be Commissioned?
Yes, both CCDC 9A and 9B Forms must be commissioned for them to be considered valid. Only an authorized official, like a notary public or commissioner of oaths, can commission these Forms. During commissioning, you’ll swear or affirm that the details in your Form are accurate before the official.
You can meet with a notary public online to have CCDC Forms commissioned in under 7 minutes.
Commissioning confirms that:
- Your identity has been confirmed
- You have signed the Form willingly and understand its contents
- You have sworn or affirmed that the information in your Form is accurate
Once commissioned, your declaration carries the same legal weight as an oath given in court. Providing false information in your declaration can have legal consequences in Canada, so it’s essential to tell the truth.
Intentionally providing false or fraudulent information in CCDC 9A or 9B forms may contravene the Criminal Code of Canada and could result in fines or imprisonment.
Note: A CCDC copyright validation sticker should be affixed before signing these forms.
Frequently Asked Questions
A contractor uses CCDC 9A as a condition of receiving payment for second or subsequent progress payment applications or the release of holdback funds.
A subcontractor uses CCDC 9B as a condition of receiving payment for second or subsequent progress payment applications or the release of holdback funds.
The Canadian Construction Documents Committee (CCDC) is made up of the following four national construction industry associations:
Both forms must be signed by an authorized signing officer of the contractor (CCDC 9A) or the subcontractor (CCDC 9B). These individuals can be a president, vice president, secretary, or another individual with authority to bind the contractor or subcontractor. It cannot be signed by an employee who lacks that authority. These forms cannot be signed by an employee who lacks the authority to do so.
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