Course Catalogue.

After participating in this course, you will be able to:

• Learn about the Prompt Payment and Construction Lien Act (PPCLA) that came into effect in Alberta, Saskatchewan and Ontario and how it will affect the payment practices and lien rights in the construction industry
• Gain an understanding of the key concepts and requirements of prompt payment, such as proper invoices, payment deadlines, notices of non-payment, and interest on late payments
• Discover the new adjudication process that will provide a fast and cost-effective way to resolve payment disputes without going to court
• Explore the changes to the existing Builders’ Lien Act, such as the extension of lien filing deadlines, the introduction of phased holdbacks, and the clarification of lienable lands
• Get practical tips and best practices on how to comply with the PPCLA, as well as how to avoid common pitfalls and risks

Description
Prompt Payment requirements on construction projects are now the law in Alberta, Ontario, and Saskatchewan. Similar legislation is advancing federally and in many other provinces.

Prompt payment requirements replace contractual payment timelines with a strict 28-day time limit for owners to pay contractors and 7-day timelines for each payment further down the next level of the construction pyramid.

Prompt Payment has been in effect on new projects in Ontario since October 2019, Saskatchewan since March 1, 2022, and Alberta since August 29, 2022.

Elsewhere in Canada, prompt payment legislation is pending in many other jurisdictions.

Prompt Payment requirements are in addition to, not a substitute for, traditional remedies under lien legislation, which remain available and useful.

This one-day seminar will update the current state of the law of prompt payment and builders’ liens across Canada to ensure you comply with the law, avoid the serious pitfalls of failing to do so, and use all the available rights and remedies to complete your project successfully.

Course Outline

• Status report:  where Prompt Payment is now law and the status of pending legislation in other jurisdictions
• Prompt Payment – What it is and how it works in a nutshell
• Adjudication:  the dispute resolution mechanism that makes Prompt Payment requirements effective
• The continuing statutory payment rights and obligations – liens, trust claims, and information access rights – and how these rights facilitate cashflow
• Going to Court:  The dangerous overlap between Prompt Payment and traditional lien rights that can lead to financial hardship and unnecessary legal expense, particularly for owners

Who Should Attend

Everyone subject to the requirements of Lien Legislation and applicable Prompt Payment requirements, such as: 

• Contractors
• Owners
• Developers
• Consultants
• Project and Construction Managers
• Lawyers