The Alberta construction trust: A remedy on projects that cannot be liened?
Introduction and overview The Alberta Prompt Payment and Construction Lien Act,[1] and its predecessor Builders’ Lien Act[2] primarily create a scheme in which a lien may be registered against title to any lands improved by the lien claimants work. Doing […]
The importance of following the “standard approach” to liening: Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147
In the recent Alberta Court of Appeal decision Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147 (“Avli”), Alberta’s appellate court validated the liens of subcontractors – the validity of which was in question because of various […]
CCS Contracting Ltd. v. Condominium Corporation No. 1520090 and certificates of Lis Pendens under the Prompt Payment and Construction Lien Act
Introduction The Prompt Payment and Construction Lien Act (the “PPCLA”),[1] and it’s predecessor the Builders’ Lien Act, have a few overarching themes, one of which is efficient and streamlined dispute resolution both to ensure funds are promptly paid, and to […]
Limitation periods and the issuance of invoices
Introduction and overview Harvest Operations Corp v Obsidian Energy Ltd, 2022 ABKB 848[1] is an appeal of a decision of Application’s Judge Prowse granting summary judgment in favour of the plaintiff, Harvest Operations Corp (“Harvest”), as operator of four petroleum […]
Door open for rescission of surety bonds despite potential impact to third parties
The recent decision of Urban Mechanical Contracting Ltd. et al v Zurich Insurance Company Ltd., 2022 ONCA 589 (“Urban”) has sent waves through the construction industry. In Urban, the Ontario Court of Appeal refused two applications seeking to overturn a […]
Right of appeal under Alberta’s Arbitration Act
Introduction and overview Agrium v Orbis Engineering Field Services, 2022 ABCA 266 (Agrium v Orbis), is a case involving statutory interpretation of section 7(6) of Alberta’s Arbitration Act, RSA 2000, c A-43 (the “Act”). Section 7 of the Act allows […]
Alberta’s new prompt payment and construction lien legislation: An overview
On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “Act”), came into force in Alberta. The construction lawyers at Miller Thomson LLP have been preparing for the Act’s implementation for over a year […]
What to expect as the implementation of prompt payment in Alberta looms: The final countdown
The Alberta Prompt Payment and Construction Lien Act (the “Act”) is set to be implemented on August 29, 2022. As this date approaches, we have some final notes on what businesses can expect as the Act comes into force. Our […]
What damages can you lien for? PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889
The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act, […]
Owners beware: Factoring invoices should not be factored into the major lien fund
In Factors Western Inc. v DCR Inc., 2021 ABCA 433 (“Factors Western“), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general […]
