Formerly titled Builders’ Liens in Alberta, the newly renamed Prompt Payment, Adjudication and Construction Liens in Alberta strives to cover the constantly evolving nature of Construction Liens in Alberta.

Some of the significant changes the new Act has introduced include:

• short timelines (28 days) for paying “proper invoices”;
• effective prohibiting of “pay when paid” clauses through detailed timing provisions within the Act, that cannot be overridden by contractual clauses;
• a new, faster statutory adjudication system for contract disputes;
• longer deadlines to register liens (from 45 to 60 days for most projects);
• increased minimum amount for a lien (from $300 to $700);
• introduction of a progressive release of the statutory holdback;
• improved access to payment information;

In the latest edition of this Book commentary has been added on the new proposed prompt payment portions of the legislation, the new adjudication regime, the addition of the progressive lien fund system, and more. In addition, as with each new edition of the Book, new case law has been added along with in-depth analysis on a variety of topics including the use of contractual and equitable set off claims in construction disputes, the difference between construction and repair work, and informed analysis of the adjudication system and proposed regulations.

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