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ARTICLE · 16 JANUARY 2026

Alberta Court Holds That Contractor Can Sue For Wrongful Public Works Act Claim

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Recent case law in Alberta allows parties to sue for damages arising from the registration of a grossly inflated or wrongful claim under the Public Works Act ("PWA").

CanadaReal Estate and Construction
Tom Brookes
Tom Brookes
Nicole Furlan
Nicole Furlan
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Recent case law in Alberta allows parties to sue for damages arising from the registration of a grossly inflated or wrongful claim under the Public Works Act ("PWA").

In Opabin Sand and Gravel Inc v Tsuu T'ina Contracting Limited Partnership, 2025 ABKB 623, the Court of King's Bench permitted a general contractor to advance claims for abuse of process and conversion tied to the registration of an allegedly improper PWA claim and the initiation of a related civil action. The decision now makes it possible to sue for damages arising from the registration of a grossly inflated or wrongful claim under the PWA.

When the sub-subcontractor Opabin Sand and Gravel Inc ("Opabin") issued a PWA claim for over $9 million, then a civil claim to enforce it, the Crown withheld the sum from the contractor, Vinci, causing Vinci losses. However, unlike the Prompt Payment and Construction Lien Act, which provides for damages from wrongful registrations of lien claims, the PWA

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