Builders’ Liens Insights

Image for Appeal Court clarifies considerations on applications to vacate builders’ liens without alternate security

Appeal Court clarifies considerations on applications to vacate builders’ liens without alternate security

Insight

Published: October 9, 2024

Authors: Tyler Kochanski, Brayden Gray

Categories: Builders' Liens, Construction, Construction Litigation, Construction Projects

On May 23, 2024, the Manitoba Court of Appeal released its decision in Sterling Parkway Residences Inc v Gypsum Drywall Interiors Ltd, 2024 MBCA 46, by which it provided clarity … Read More

Image for Court of Appeal approves use of lien bonds as alternate security

Court of Appeal approves use of lien bonds as alternate security

Insight

Published: January 1, 2024

Author: Daryl Chicoine

Categories: Builders' Liens, Construction

A recent Manitoba Court of Appeal decision recognized that lien bonds are an acceptable form of alternate security for the purposes of vacating claims for lien. While the case does … Read More

Image for Manitoba Government Introduces Prompt Payment Bill for Construction Industry

Manitoba Government Introduces Prompt Payment Bill for Construction Industry

Insight

Published: April 18, 2023

Authors: Daryl Chicoine, John Martens, Andrew Konopelny

Categories: Builders' Liens, Construction, Construction Litigation

Manitoba recently introduced Bill 38, The Builders’ Lien Amendment Act (Prompt Payment). If passed, Bill 38 would bring Manitoba in line with Ontario, Alberta and Saskatchewan, which have enacted similar … Read More

Image for Alberta Builders’ Lien Act to become the Prompt Payment and Construction Lien Act

Alberta Builders’ Lien Act to become the Prompt Payment and Construction Lien Act

Insight

Published: August 5, 2022

Author: Brent W. Mielke

Categories: Builders' Liens, Construction, Construction Litigation, Construction Projects

Authors: Brent W. Mielke, Mandi Deren-Dubé On August 29, 2022, Bill 37: The Builders’ Lien (Prompt Payment) Amendment Act, 2020 will come into force, which represents the most significant overhaul to … Read More

Image for Saskatchewan Announces Implementation Date for Prompt Payment

Saskatchewan Announces Implementation Date for Prompt Payment

Insight

Published: October 29, 2021

Author: Andrew Konopelny

Categories: Builders' Liens, Construction, Construction Projects

Authors: Andrew Konopelny, Nicole Graham, John Dipple On October 20, 2021, the Government of Saskatchewan (“Saskatchewan”)  announced that The Builders’ Lien (Prompt Payment) Amendment Act, 2019 (the “Act”) will be proclaimed into force on … Read More

Image for SK Court Clarifies Application of Builders’ Lien Act on Public Highways Projects

SK Court Clarifies Application of Builders’ Lien Act on Public Highways Projects

Insight

Published: September 2, 2021

Authors: Josh Morrison, Andrew Konopelny

Categories: Builders' Liens, Construction, Construction Litigation, Construction Projects

Authors: Josh Morrison, Andrew Konopelny, Ethan Reis The Saskatchewan Court of Appeal recently released its decision in Regina Bypass Design Builders v Supreme Steel LP, 2021 SKCA 82 (“Regina Bypass”). The decision provides clarification … Read More

Image for Timing is Everything: Claims of Lien and Releasing Holdbacks

Timing is Everything: Claims of Lien and Releasing Holdbacks

Insight

Published: July 21, 2021

Authors: Andrew Konopelny, Josh Morrison

Categories: Builders' Liens, Construction, Construction Litigation, Construction Projects

This blog was prepared with the assistance of summer law student Ian Schatz. A recent Saskatchewan Court of Appeal judgment significantly clarifies owner liability for claims of lien registered after the … Read More

Image for The New CCDC 2 – 2020 Contract: Changes You Need to Know

The New CCDC 2 – 2020 Contract: Changes You Need to Know

Insight

Published: April 30, 2021

Authors: John Martens, Daryl Chicoine

Categories: Builders' Liens, Construction, Construction Litigation, Construction Projects

The CCDC 2 Stipulated Price Contract is one of the most common construction contracts used throughout Canada. It provides a well-known, widely-recognized framework for owners, contractors, financers and consultants, containing … Read More

Image for Bill 37: The Builders’ Lien (Prompt Payment) Amendment Act in Alberta

Bill 37: The Builders’ Lien (Prompt Payment) Amendment Act in Alberta

Insight

Published: April 27, 2021

Author: Amelia Crowshoe

Categories: Builders' Liens, Construction, Construction Projects

Authors: Leigh Peters, Amelia Crowshoe On December 9, 2020, Bill 37 received royal assent. The Bill proposed amendments to the Province of Alberta’s Builders’ Lien Act (the “Act”) which are expected to come … Read More

Image for Implementation Deferred: Status of Prompt Payment in Saskatchewan

Implementation Deferred: Status of Prompt Payment in Saskatchewan

Insight

Published: February 26, 2021

Author: Andrew Konopelny

Categories: Builders' Liens, Construction

Authors: John Dipple, Andrew Konopelny While it was expected that the Saskatchewan Government would implement the new prompt payment and adjudication provisions this year, we understand it is now deferred to a yet-to-be … Read More