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ARTICLE · 11 MAY 2022

Graham Construction And Engineering Inc V Alberta (Infrastructure): Is Strict Compliance Necessary For A Claim Under The Alberta Public Works Act?

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The Alberta Court of Queen's Bench clarified the requirements for perfecting a claim under Alberta's Public Works Act, RSA 2000, c P-46 (the "PWA")...

CanadaReal Estate and Construction
D. Bronwhyn Simmons
D. Bronwhyn Simmons
Arsham Gill
Arsham Gill
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The Alberta Court of Queen's Bench clarified the requirements for perfecting a claim under Alberta's Public Works Act,  RSA 2000, c P-46 (the "PWA") in Graham Construction and Engineering Inc v Alberta (Infrastructure),  2021 ABQB 184 [Graham]. This case arose from a construction project in Grande Prairie, on which Graham Construction and Engineering Inc. ("Graham") acted as general contractor. The contract was formed in July of 2011 and Graham provided its own invoices and those of its subcontractors to the counterparty to the contract, the Ministry of Infrastructure, on a regular basis as required by the contract. The relationship between the Ministry and Graham came to an end in September of 2018 and the contract was terminated.

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