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ARTICLE · 28 NOVEMBER 2021

Construction Remedies On Public Projects: Alberta's Public Works Act And Comparable Legislation In Other Provinces

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The AB PWA is designed to protect persons that provided labour, equipment, material or services to a "public work".

CanadaReal Estate and Construction
Andrew Stead
Andrew Stead
Preet Saini
Preet Saini
Jacob Stucken
Jacob Stucken
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In Graham Construction and Engineering Inc v Alberta (Infrastructure),1 the Alberta Court of Queen's Bench clarified that claimants must meet the prescribed notice requirements in order to have a valid claim under the Public Works Act ("AB PWA").2

The AB PWA is designed to protect persons that provided labour, equipment, material or services to a "public work". A public work is a construction project commenced pursuant to a contract entered into with the Provincial Crown (i.e. the Provincial government) or an agent of the Crown.

On private projects, the Alberta Builders' Lien Act protects unpaid subcontractors and workers by granting a builders' lien on the land being improved. The Builders' Lien Act does not bind the Provincial Crown. The Legislature determined that it would be against public policy to allow unpaid subcontractors to enforce builders' liens against a public work. As an example, permitting enforcement of builders' liens against public works could

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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