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ARTICLE · 26 APRIL 2021

Amendments To The Builders' Lien (Prompt Payment) Amendment Act

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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The following is an update to our November 2020 bulletin which outlined the changes proposed in the then-current version of the Builders' Lien (Prompt Payment) Amendment Act, 2020 (Bill 37).

CanadaReal Estate and Construction
David Tupper
David Tupper
Richard Bell
Richard Bell
Tom Wagner
Tom Wagner
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The following is an update to our November 2020 bulletin which outlined the changes proposed in the then-current version of the Builders' Lien (Prompt Payment) Amendment Act, 2020 (Bill 37).

AMENDMENT A1

On November 4, 2020, the Government of Alberta proposed an amendment (Amendment A1) to Bill 37. Amendment A1 was passed and incorporated into Bill 37, which received royal assent on December 9, 2020. Bill 37 is expected to come into force on proclamation, which is anticipated to occur in July 2021.

The revisions to Bill 37 in Amendment A1 included:

1. Mandatory Phased Payments of Holdback Amounts: Bill 37 provided for the optional payment of holdback amounts by owners for lengthy and monetarily significant contracts that meet the statutory requirements. Those requirements are that:

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