Prompt Payment and Builder’s Liens in Canada
After participating in this course, you will:
- Learn about the Prompt Payment legislation now in effect in Alberta, Ontario, and Saskatchewan and on construction projects subject under federal jurisdiction 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 lien legislation in Alberta, Ontario and Saskatchewan, 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 new prompt payment requirements and modified lien rights and obligations, as well as how to avoid common pitfalls and risks
Prompt Payment requirements on construction projects are now the law in Alberta, Ontario, Saskatchewan and for federal government construction. Similar requirements are on the path to becoming law in other provinces, with Manitoba, New Brunswick, and Nova Scotia being the furthest along.
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 subsequent level down the construction pyramid.
Prompt Payment has been in effect on new projects in Ontario since October 2019, Saskatchewan since March 1, 2022, Alberta since August 29, 2022, and federally since December 9, 2023.
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.
- 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:
- Project and Construction Managers
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Almost all of EPIC's courses offer :
- Continuing Education Units (CEUs) and
- Professional Development Hours (PDHs)
These course credits will help attendees earn training requirements for their associations or provincial governing bodies.
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