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Prompt Payment Update—Ontario Superior Court Confirms Adjudicator's Decision Is Not Final

The enactment of prompt payment and fast-track adjudication legislation across Canada has created some uncertainty regarding the finality of an adjudicator's decision. In the recent decision of the Ontario Superior Court of...more

Land Rich, Cash Poor: The Impacts of the PPCLA and Statutory Trusts on Builders' Liens

Key Highlights - - Pursuant to the Prompt Payment and Construction Lien Act (the PPCLA), previously known as the Alberta Builders' Lien Act, funds paid following the issuance of a certificate of substantial performance are...more

Prompt Payment and Construction Lien Act Now in Force in Alberta—What You Need to Know

In an attempt to reduce delayed payment periods in Alberta, on August 29, 2022, the Prompt Payment and Construction Lien Act (the PPCLA) came into force replacing the Builder's Lien Act (the BLA). Although most of the BLA was...more

Prompt Payment Legislation in Alberta: Coming to Alberta on August 29, 2022

The Alberta Government has now confirmed that the Builders’ Lien (Prompt Payment) Amendment Act, 2020 (BLA) will come into force on August 29, 2022 when the Alberta Builders' Lien Act, will become the Prompt Payment and...more

Prompt Payment Legislation in Alberta: More Changes and Clarifications

On October 21, 2020, following other Canadian jurisdictions, Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, passed its first reading in the Legislature of Alberta. If Bill 37 receives royal assent, it will,...more

Prompt Payment Legislation in Alberta: Changes and Clarifications

On October 26, 2020, we provided an overview of the key features of Bill 37, Builders' Lien (Prompt Payment) Amendment Act, 2020, which is intended to amend the Alberta Builders' Lien Act (BLA) and become the Prompt Payment...more

Prompt Payment Legislation Coming Soon to an Alberta Construction Project Near You

Cash flow and payment delays due to disputes are a critical concern for construction companies who rely on the timely receipt of funds to maintain operations and pay subcontractors and suppliers. The introduction of prompt...more

Post-Pandemic Construction Claim Planning?—A Practical Approach

The COVID-19 pandemic is having a profound impact on construction projects across Canada causing delays, lost productivity, increased costs and lost profits. To mitigate the impact of these risks, it is imperative that...more

Summer Tendering Update: Reasonable Expectations and Negative Contingencies

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

A Little Clarity or More Lien Challenges? Lien Claims Before and After Certificate of Substantial Performance in Alberta

The recent Master’s decision in Chandos Construction Ltd v Twin Peaks Construction Ltd, 2016 ABQB 296 determined an issue under the Builders’ Lien Act (Alberta) (BLA) which, surprisingly, had never been specifically addressed...more

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