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ARTICLE · 21 JUNE 2024

Alberta Court Releases First Decision Addressing Adjudication Under Prompt Payment And Construction Lien Act

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The Alberta Court released its first decision in Welcome Homes Construction Inc v. Atlas Granite Inc, 2024 ABKB 301 (the Decision) addressing the streamlined adjudication process...

CanadaReal Estate and Construction
Matthew Huys
Matthew Huys
Andrew Schnell
Andrew Schnell
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The Alberta Court released its first decision in Welcome Homes Construction Inc v. Atlas Granite Inc, 2024 ABKB 301 (the Decision) addressing the streamlined adjudication process under the Prompt Payment and Construction Lien Act (PPCLA). In doing so, the Court provided guidance on: (i) the interaction between lien proceedings and adjudication; and (ii) the impact of a Notice to Prove Lien on an adjudicator's decision.

Background

Welcome Homes Construction Inc. (Welcome Homes) engaged Atlas Granite Inc. (Atlas Granite) as contractor to supply marble countertops for a new home. After a dispute arose about the length of the kitchen island countertop, Welcome Homes refused to pay for or take delivery of the work or materials supplied by Atlas Granite.

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