Prompt Payment in Alberta: One Big Step Closer

On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing statutory deadlines on payments in the construction chain, known commonly as “prompt payment”, and by establishing an “adjudication” mechanism to […] Read More
October 22, 2020

Construction Claims and COVID-19: What is Still Available?

The status of what businesses can remain open, in what capacity, and with access to whom, is ever-changing in the midst of the COVID-19 pandemic. For ongoing construction projects, or those for which a party has recently performed work, it is important to remember which claims may be available, and to monitor submission deadlines and protocols. While a party […] Read More
March 24, 2020

Tick-Tock Goes the Lien Clock

Builders’ liens are an important tool, providing contractors, subcontractors, and suppliers security for unpaid work. The template s.48 Order requires a lien claimant to file a Statement of Claim within 180 days of registering the lien; however, before the template Order came into existence, this requirement was regularly seen in s.48 Orders in order to […] Read More

Contractor Know Thyself: If you don’t, you may lose your lien

Builders’ liens are “creatures of statute”. A builders’ lien is a new right created by lien legislation that would not otherwise exist at common law.  As such, a lien claimant must bring itself strictly within the statutory framework in order to take advantage of these statutory rights. Justice Khullar’s recent Advantage Custom Homes Inv. v. […] Read More
January 23, 2018

Fatal Errors: The small mistakes that can have a big impact on your lien claim

The scenario is a fairly common one: a contractor doesn’t get paid, and then proceeds to register a lien on a project, only to later discover a mistake in the Statement of Lien. It could be a typo in the name of the Owner; or it could be a failure to properly identify the interest […] Read More