Builders' Liens in Alberta: Procedure, Law and the Annotated Act, 2018-2019
By: Bryan G. West, B.A. (UofC), J.D. (Queens) , Allyson L. Hopkins
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Description

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
About the Author

Bryan G. West is a partner with McCarthy Tétrault LPP in Calgary, Alberta. He practices in corporate/commercial litigation with a focus on construction, major project development, procurement, commercial tenancy, and real property disputes. Bryan regularly acts as counsel to some of Canada’s largest institutional owners, contractors and engineering firms, in all manner of complex industrial and commercial construction, project development, real property, oil & gas and commercial tenancy disputes.

Bryan is an author and contributing author of multiple books, including:

  • Builders' Liens in Alberta: Procedure, Law and the Annotated Act
  • Heintzman and Goldsmith on Canadian Building Contracts 5th Edition

Bryan regularly writes and lectures on construction, project development, real property, oil & gas and commercial landlord tenant issues before clients, industry groups and other lawyers in Alberta, British Columbia and Ontario, including at the University of Calgary and for the Osgoode Certificate in Construction Law program.

Bryan was born and raised in Banff, Alberta and received his B.A. from the University of Calgary in 2007, where, among other accomplishments, he served three terms on the University Board of Governors, received the Order of the University of Calgary in 2006 and the Alberta Centennial medal for outstanding contributions to society in 2007. Bryan received his JD from Queen’s University in 2010 and was called to the Alberta bar in 2011.

 

Allyson L. Hopkins is an associate at Blake, Cassels & Graydon LLP in Calgary, Alberta. She practices in all areas of corporate/commercial litigation and dispute resolution, with a focus on the banking and construction industry. She has acted as counsel on several complex construction disputes and regularly advises clients on claims concerning delay, breach of contract, builders’ liens, and negligence.

Prior to becoming co-author, Allyson was a co-contributor and researcher for previous editions of the text.

Allyson was born and raised in Kingston, Ontario and received her BSc. from Simon Fraser University in British Columbia. Allyson received her J.D. (first class with distinction) from the University of Alberta in 2015 and was called to the Alberta bar in 2016.

978-0-7798-8819-1
Book S.O. Annual/biannual/biennial
Annual volumes supplied on standing order subscription
Approximately 320 pages
1 volume bound
softcover
2019-03-29
Carswell
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