Treadstone Associates
Case File № 295 · Construction & Land

Finished, appraised, and still not paid out

a Moncton self-build’s statutory lien holdback

A Moncton self-build passed its final inspection on schedule, but the last draw didn't release for weeks — a statutory construction-lien holdback, not a deficiency, held back 10% of the budget until the lien-filing period lapsed.

New BrunswickInsured · Self-buildFiled August 9, 20265 min read
$31,200 

held back from the final draw for the statutory lien-filing period

$332,044 

total insured mortgage once the build was complete

37.3%

TDS at the qualifying rate — the ratios were never in question

Anonymized illustration. The borrowers, dollar figures, and rates in this file are an illustrative composite — no real client is identifiable, and any rate shown is illustrative, not a quote. The rules are real: every regulatory figure is cited to its source in the Sources section, and the math computes exactly as shown.

№ 01

The client

A couple self-building in Moncton, New Brunswick, on land they purchased for the project. Four staged draws funded the build against a fixed budget, and the home passed its final inspection on schedule. The construction mortgage's last draw still didn't land in their account for weeks.

Land purchase

$68,000

New Brunswick transfer tax applies

Construction budget

$312,000 hard costs

Four staged draws to completion

Equity contribution

$57,000

15% of the $380,000 total project cost

Combined income

$8,100/month

Both employed, T4

Other debt

$300/mo car loan

Unchanged by the build

№ 02

The problem

The couple assumed the final draw would release the moment the inspector signed off on substantial completion — the same as every earlier draw in the schedule. New Brunswick's construction-lien law works differently at the last stage.

Why the last $31,200 didn't move on schedule

  • Substantial completion passed inspection with no deficiencies noted
  • The lender's lawyer still held back 10% of the construction budget — $31,200 — from the final draw
  • The holdback exists to protect against subcontractor liens filed after the fact, and it isn't released until the statutory lien-filing period lapses with nothing registered

Nothing about the build itself was in question. The holdback is a feature of how construction-lien law protects unpaid subcontractors, not a sign that anything had gone wrong — but it meant a multi-week gap between "the house is done" and "the mortgage says so."

№ 03

The numbers

The math on this file was straightforward once completion happened. The timing of the very last piece of it was the entire story.

The completed self-buildAmount
Land purchase$68,000
Construction hard costs$312,000
Total project cost$380,000
Equity contribution (15%)−$57,000
Base mortgage at 85% LTV$323,000
CMHC premium (2.80% band)+$9,044
Total insured mortgage$332,044

Holdbacks like this one are standard practice under construction-lien statutes across Canada, sized and timed by the specific statute and the lawyer's own risk assessment — not a fixed national rule, and not evidence of a problem with the build itself.

The ratio math, at the qualifying rate

Ratio checkFigure
Minimum qualifying rate on a 4.95% contract rate6.95%
Qualifying payment, 25 years$2,315/mo
GDS (payment + $280 tax + $130 heat) ÷ $8,100 income33.6%
TDS (GDS numerator + $300 car loan) ÷ $8,100 income37.3%

New Brunswick's flat 1% transfer tax on the $68,000 land purchase came to $680, paid at the land closing rather than at project completion.

№ 04

The solution

An FCNB-licensed New Brunswick mortgage broker built the holdback into the couple's cash-flow plan from the start of the project, not as a surprise at the end.

First, flagged the lien holdback at the very first draw meeting. Knowing in month one that 10% of the budget would sit back for weeks after completion meant the couple never expected to see it land the day the inspector signed off.

Second, arranged a short-term bridge sized exactly to the $31,200 holdback to cover move-in costs and final trades' invoices during the lien-filing window, rather than delaying occupancy.

Third, confirmed with the lender's lawyer the exact date the lien period lapsed, so the bridge could be repaid the moment the final draw actually released, not carried longer than necessary.

Final inspection report confirming substantial completion
Lender's lawyer confirmation of the statutory lien-filing period and its expiry date
Bridge loan agreement sized to the $31,200 holdback
Land transfer tax receipt from the original land purchase
Two years of T4s and letters of employment for both borrowers
№ 05

The outcome & the closing math

The build funded at $332,044 insured, with GDS at 33.6% and TDS at 37.3%. The $31,200 holdback released to the couple the day the lawyer confirmed no lien had been filed, and the bridge was repaid the same week.

No deficiency, no dispute with a trade — the entire delay was the statutory lien-filing period running its course, exactly as construction-lien law intends.

№ 06

What to take from this file

  • 01A holdback at completion is not a red flag. It's how lien law protects subcontractors, and it applies whether the build went perfectly or not.
  • 02Flag the holdback before the build starts, not at the final draw meeting. A client who knows to expect a gap doesn't panic when the money doesn't move on inspection day.
  • 03A short bridge, sized to the exact holdback, is cheaper than an unplanned scramble. Knowing the dollar figure in advance made the bridge a formality, not an emergency.
  • 04Confirm the lien-period expiry date directly with the lender's lawyer. That date, not the completion date, is what actually triggers the final release.

Sources

Every regulatory figure in this file traces to one of these primary sources. Client details and anything that varies by lender are illustrative, as flagged below.

Illustrative in this file — lender-specific, not rules:

  • 4.95% contract rate — rates move daily; not a quote.
  • 10% holdback / lien-filing period — illustrative of construction-lien holdback practice; the exact percentage and filing period are set by statute and vary by contract, not restated here as a fixed rule.

Authority & provenance

How this case file was built

We publish the origin, the verification method and the reviewer for every case file, so you can judge how far to trust it before you rely on it with a client.

Where it comes from

Derived from files handled by Treadstone’s fulfillment desk and from scenarios contributed by partner brokerages. Names, employers, exact amounts and dates are changed so no client or file is identifiable.

Provenance: Composite — a pattern seen repeatedly on fulfilled files, not a single transaction.

What is verified

Every regulatory figure traces to a primary source listed above and was checked against it on the date shown. The arithmetic is recomputed by machine on every rebuild.

Anything that varies by lender is labelled illustrative rather than stated as a rule.

Who reviewed it

Reviewed for Canadian regulatory accuracy before publication, and re-checked whenever a cited rule changes.

Reviewed by: Nicholas Parson, Treadstone Associates — reviews every case file before publication.

First published 9 August 2026Rules last verified 9 August 2026Next scheduled review 9 February 2027

This case file is professional reference material for licensed mortgage professionals. It is not advice to a borrower, and it is not a lender commitment. Insurer rules, qualifying rates and provincial taxes change — confirm the current position with the insurer, regulator or lender before you rely on any figure here in a live file.

Treadstone fulfillment

Files like this are daily work for our desk.

Document collection, ratio math under multiple treatments, lender placement notes, and submission-ready packaging — for Canadian mortgage brokers who would rather be in front of clients.