Canada: Lien Pitfall – Transfers Of Land - McLennan Ross LLP
When a transfer of title takes place, it is possible that builders' lien claimants automatically lose their builders' lien rights. This is another Builders' Lien Act trap for the unwary.
View ArticleCanada: Construction Holdback Requirements – Not For Dummies - McLennan Ross LLP
Statutory construction holdback requirements can be remarkably tricky to interpret, presenting challenges for both novice and experienced players in the construction industry.
View ArticleCanada: Are Engineering Services Lienable? - McLennan Ross LLP
Not every person who performs a service in relation to a construction project is entitled to a builders' lien.
View ArticleCanada: Progressive Holdback Tricks And Traps - McLennan Ross LLP
There are a few tricks and traps associated with the progressive release of builders' lien holdbacks
View ArticleCanada: CSPs Clarified - McLennan Ross LLP
One of the more common misconceptions regarding a Certificate of Substantial Completion (CSP) is that it triggers the deadline for lien registration.
View ArticleCanada: Statutory Trust For The Benefit Of Subcontractors - McLennan Ross LLP
A lesser known provision of the Alberta Builders' Lien Act creates a trust fund in favour of subcontractors.
View ArticleCanada: Certificate Of Substantial Performance Limits Lien Rights Even...
There was conflicting evidence if and when the CSP was posted in accordance with the requirements of the Builders' Lien Act.
View ArticleCanada: Lien Holdbacks And Deficiency Holdbacks - McLennan Ross LLP
The legislation specifies when the holdback must be retained, but it does not specify when the holdback must be released.
View ArticleCanada: Red Flags That Your Lien Rights May Be Worthless - McLennan Ross LLP
In some circumstances, builders' lien rights are worthless. Contractors are well advised to look out for these circumstances before entering a contract, and seek alternate security for payment
View ArticleCanada: Deference To The Project Consultant - McLennan Ross LLP
A recent decision of the Alberta Court of Appeal serves as a stark reminder that the Consultant appointed in a CCDC contract wields considerable authority
View ArticleCanada: How Close Is Close Enough – Alberta Court Deems Equipment...
A recent Alberta Court of Queen's Bench decision provides an example where services may be performed on one site yet give rise to lien rights on another site.
View ArticleCanada: Writing A Scope Of Work, Badly - McLennan Ross LLP
The scope of work is the most critical piece of a construction contract.
View ArticleCanada: How Close Is Close – Alberta Court Deems Equipment Lessor's Lien...
A recent Alberta Court of Queen's Bench decision provides an example where services may be performed on one site yet give rise to lien rights on another site.
View ArticleCanada: Pay What You Owe – Proposed Changes To The Builders' Lien Act...
On October 21, 2020 the Province introduced Bill 37: The Builders' Lien (Prompt Payment) Amendment Act, 2020 ("Bill 37"), which contained a number of....
View ArticleCanada: Pending Registration Lien Frustration - McLennan Ross LLP
A new land titles registration process is causing grief for all those involved with builders' liens.
View ArticleCanada: Kick-Starting Public Sector Construction - Bill 73, Alberta's...
More specifically, Section 4 of Bill 73 sets out six criteria that the government will be required to consider when evaluating capital planning submissions and projects.
View ArticleCanada: Architects, Engineers, And Holdbacks - McLennan Ross LLP
Architects and engineers will receive the benefit of the prompt payment provisions of Alberta's new Prompt Payment and Construction Lien Act. They will be subject to construction lien holdbacks as well.
View ArticleCanada: Transitional Gaps: The Prompt Payment And Construction Lien Act -...
We are receiving many questions from clients about the transitional provisions of Alberta's new Prompt Payment and Construction Lien Act (PPCLA). There are some ambiguities in this regard.
View ArticleCanada: Dispute Resolution Provisions – Lessons Learned - McLennan Ross LLP
Dispute resolution provisions usually get insufficient attention at the time of bidding or contract negotiation. This is a topic we addressed several years ago in an article titled...
View ArticleCanada: Construction Owner Bound By Subcontract Arbitration Clause - McLennan...
In Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc., 2023 ABKB 545, Husky (the project owner) sued a subcontractor to enforce...
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