Course Catalogue.

Description

On July 1, 2021, Alberta’s new Prompt Payment and Construction Lien Act comes into force. Alberta will become the second jurisdiction in Canada to implement a prompt payment regime, after Ontario, which did so in October 2019. On projects where prompt payment applies, the statutory requirements will override contractual payment terms. With its introduction of prompt payment and overhaul of lien and other rights, Alberta has effected the most sweeping changes to the law of construction industry payment in the province in over a century.

This one-day seminar will teach you everything you need to know to operate effectively in the new environment in compliance with the new legal requirements.

Course Outline

• Overview – The Prompt Payment and Construction Lien Act
• Prompt Payment
• Construction Liens
• Other Important Overlooked Rights and Obligations Under the PPCLA

Who Should Attend

Contractors • Owners • Developers • Consultants • Project and Construction Managers • Lawyers Construction Consultants With Responsibility For Large Residential • Commercial • Industrial or Institutional Projects and Those Who Are Concerned About Possible Defaults on Their Project

Course Syllabus

Overview – The Prompt Payment and Construction Lien Act

• What’s new? Prompt Payment: what is it, and when does it start?
• What’s changed? Amendments to lien rights, procedures, and access to project information.
• Who is affected by these changes? Scope of the PPCLA.

Prompt Payment

• What is prompt payment?
• It starts with a proper invoice? What’s that and how does it work?
• What happens when a proper invoice is delivered? How prompt is prompt payment?
• What if there’s an issue with a proper invoice? Timelines for initiating and addressing disputes.
• Adjudication: a new forum for resolving disputes.
• Lessons learned from the Ontario experience with prompt payment.

Construction Liens

• What’s changed? Holdback periods, registration, and progressive release of holdback.
• Review of how the lien provisions of the PPCLA will work now
• The nature and purpose of the lien as a remedy
• Owners’ obligations
• Lien claimants’ rights and procedures to follow
• When projects are liened: two paradigm scenarios and two vastly different outcomes

Other Important Overlooked Rights and Obligations Under the PPCLA

• Claimants’ enhanced rights to project payment information.
• Trust rights and obligations

Wrap-Up

Concluding Remarks and Final Adjournment