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ARTICLE · 03 DECEMBER 2025

Better Early Than Sorry : Strict Compliance Required For Lien Deadlines

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The Court of King's Bench of Alberta's decision in The Micro Collective Inc v Hutterian Brethren Church of Tschetter (The Micro Collective), addresses the interplay...

CanadaReal Estate and Construction
Brian P. Reid
Brian P. Reid
Christopher Petrucci
Christopher Petrucci
Kaamil Khalfan
Kaamil Khalfan
Tami Oguntona
Tami Oguntona
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The Court of King's Bench of Alberta's decision in The Micro Collective Inc v Hutterian Brethren Church of Tschetter (The Micro Collective), addresses the interplay between the "new" Prompt Payment and Construction Lien Act (PPCLA) and the former Builders' Lien Act (BLA). In The Micro Collective, the Court held that where the transition provisions require the application of the former BLA, the shorter statutory lien registration deadline is decisive. Under both the BLA and the PPCLA, once the statutory period expires, the lien "ceases to exist," and the Court's corrective powers under the Land Titles Act (LTA) cannot be used to extend the deadlines.

This decision underscores the importance of precision and timing in lien registration, particularly for construction projects caught in the PPCLA transition period.

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