Insights / Guide

Ontario construction contracts: the owner's guide

Every contract decision an Ontario owner makes, in the order you make them: choosing the contract, writing your terms, paying on time, managing change, releasing holdback and resolving disputes. Each step links to a full guide.

1. Choose the contract

The contract decides who carries cost risk, who controls the design and how changes get priced. Most Ontario owners pick from the CCDC family: CCDC 2 for a stipulated price, CCDC 3 for cost plus, CCDC 5A and 5B for construction management, and CCDC 14 for design-build.

2. Write your terms

Standard CCDC forms are a starting point. Owners shape risk through supplementary conditions, and every clause you add has a price in the bids you receive.

3. Get approvals moving

Permit timing can set your start date before any contract is signed.

4. Pay on time

Ontario's Construction Act runs payment on a fixed clock once a proper invoice arrives: a 14-day window to give notice of non-payment and 28 days to pay. Miss it and the contractor can go to adjudication.

5. Manage change

Under CCDC 2, a change order fixes agreed price and time, a change directive means work now and price later, and a site instruction changes neither. Using the wrong one is how budgets drift.

6. Hold back and release

Holdback is 10% of the contract price under section 22 of the Construction Act, and since 2026 it must be released annually on a published schedule.

7. Resolve disputes

Liens, adjudication and delay claims each run on their own deadlines. Knowing them is the cheapest protection an owner has.

Frequently asked questions

Which construction contract do most Ontario owners use?

CCDC 2, the stipulated price contract, is the industry standard prime contract between an owner and a general contractor in Canada. The current edition is CCDC 2-2020.

What is the difference between CCDC 2 and CCDC 5B?

CCDC 2 sets one fixed price with a general contractor. CCDC 5B is a construction management contract where the construction manager is paid a fee and trade costs flow through, so the owner carries more cost risk and gets more control.

How much holdback does an Ontario owner keep?

10% of the value of work supplied, under section 22 of the Construction Act. Since 2026 it must be released annually rather than only at the end of the project.

How long does an owner have to pay a contractor in Ontario?

28 days after receiving a proper invoice, unless the owner gives a notice of non-payment within 14 days for the amount in dispute.

What is a change directive under CCDC 2?

An instruction to proceed with a change before the price and time are agreed. The work goes ahead now and the value is settled later, which is why owners need to track directives closely.