The builder of Hamilton's chronically delayed $145-million stadium wants to be paid even though construction isn't done — but the province has nixed the bid.

Infrastructure Ontario says it has denied an application for "substantial completion" of the stadium that would trigger the release of $89-million in withheld payments to contractor Ontario Sports Solutions.

The facility, which is still under construction, was supposed to be done by the end of June 2014 and is slated to host Pan Am Games soccer in July.

City officials say dozens of "non-compliant items" remain to be finished or fixed in the stadium, with the more serious problems related to heating, elevators and electrical work.

Infrastructure Ontario spokesperson Terence Foran said via email that the agency's "independent certifier" declined the application "due to the remaining work to be completed," giving as an example the installation of a freight elevator.

"Ontario Sports Solutions has repeatedly missed deadlines and they are not being paid out until the project is complete — this gives them the incentive to work diligently on the final aspects of the project," he wrote.

Foran didn't provide an estimate of when the stadium would be ready — city officials recently guessed at dates ranging from February to April — and calls to the contractor were not immediately returned.

But Foran said he didn't anticipate construction delays interfering with Pan Am events.

The city is waiting to take over the stadium — but can't do so until substantial completion requirements are met and the building department signs off on a final occupancy permit.

Chief building official Ed VanderWindt said there is no date set for the final city inspection that would be required to earn an occupancy permit.

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In theory, the city could have been renting out parts of the stadium since last July.

But Foran said "taxpayers are not on the hook" for any additional costs to complete the stadium. "Until the city receives the keys to the stadium, it is not on the hook for services such as heat, electrical, or water," he said.