Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 2018-2019

Author(s):
Allyson Hopkins; Bryan West

What’s inside

Table of contents

Details and specs:


Introducing the fastest way to seize the advantage in any situation

Until now, dealing with builders' liens in Alberta has been a formidable task. The legislation is difficult, the field itself rife with industry specific, unwritten "rules" that are known only to those immersed in daily practice. As creatures of statute, builders' liens demand strategic considerations not applicable to normal litigation procedure. What's complex for practitioners is even more daunting to non-lawyers. For the first time, you have a practical, no-nonsense guide to this complex area. Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 2018-2019 is the only publication to specifically address practical aspects of builders' lien litigation in the province – and to explain, interpret, and clarify the Alberta Builders' Lien Act. It's a welcome handbook and daily practice aid for construction lawyers, and an essential guide for non-lawyers and practitioners who must sometimes venture into the area.

Discover penetrating insight and practical guidance on builders' lien

Construction lawyers will draw on expert annotation of the Act; find the relevant case law to illustrate interpretations; enjoy quick access to the unwritten "rules" specific to the industry; and rely on a wealth of practice aids – including quick reference guides, checklists, and precedents. Contractors and development firms alike will protect their interests with plain-language guidance on practical solutions to builders' lien litigation problems; recommendations for effective strategies; and an insider's illumination of the unwritten "rules" that can propel – or derail – your case. Find Alberta-specific guidance on:

  • Registering a lien
  • Defending against liens
  • Prevenient arrangements
  • Priorities
  • Vendors' liens

Until now, any discussion of Alberta's legislation and practice guidelines came as a small part of a broad Canadian overview. Why practise with anything else when you can turn to an Alberta-specific guide written by an Alberta specialist?

Today’s builders’ lien practice calls for a reference that delivers focused, practical information. The Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 2018-2019 updates procedures, law and practice aids. Significant case law is concisely summarized and conveniently organized under each section of the Act. The following are examples of updates and decisions included in this year’s edition:

  • Added Figure 8 – Limits of Liability and Recovery
  • Updated Figure 9 – Section 27: Payment from lien fund

 New cases include:

  • Architectural Millwork & Door Installations Inc v Provincial Store Fixtures Ltd., 128 (2017 ABQB 390, 67 CLR (4th) 13) and 2018 ABQB 323
  • Impact Painting Ltd v Man-Shield (Alta) Construction Inc, 2017 ABQB 743
  • Georgetown Townhouse GP Ltd. v Crystal Waters Plumbing Company Inc., 2018 ABQB 617
  • Westpoint Capital Corporation v. Solomon Spruce Ridge Inc., 2017 ABQB 254, 2017 CarswellAlta 580
  • New Beginnings Contracting Ltd v Wedgewoods Condominium Corp 2017 ABQB 501, [2017] AWLD 4846
  • International Brotherhood of Electrical Workers, Local 424 v Imperial Oil Ventures Resources
  • Limited, 2017 ABQB 434, 61 Alta LR (6th) 365, 71 CLR (4th) 32
  • Advantage Custom Homes Inc v Waterman 2018 ABQB 25, [2018] AWLD 578
  • Terrapin Mortgage Investment Corp v 1726811 Alberta Ltd., 2018 ABQB 513
  • Alberta Treasury Branches v Exall Energy Corporation 2017 ABQB 602, 72 CLR (4th) 1
  • E Construction Ltd v Sprague-Rosser Contracting Co Ltd 2017 ABQB 657, [2017] AWLD 6136
  • Canadian Natural Resources Limited v Thermal Energy Service Inc, 2017 ABQB 698, [2017] AWLD 6304
  • Valard Construction Ltd v Bird Construction Co 2018 SCC 8, 418 DLR (4th) 1

Est Cost:Annual volumes supplied on standing order subscription

Publisher:
Carswell

Practice Area:
Construction Law

Jurisdiction:
General

Publication Date:
2019-03-29

Hardcover Specifications

Service #:
30836568

Sub #:
30836569

Pages:
Not available

Shelf Space:
Not available

Volume:
Not available

Anticip Unkeep Cost:
Not available

eBook Specifications

ISBN:
9780779888191