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ARTICLE · 04 APRIL 2025

PPCLA Overhaul: What Owners, Contractors And Registered Professionals Need To Know

Gowling WLG
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On November 4, 2024, the Minister of Service put forward Bill 30 (the "Bill") which, among other aspects will revise the adjudication process of the Prompt Payment and Construction Lien Act (PPCLA).

CanadaReal Estate and Construction
Jordan Crone
Jordan Crone
Tom Brookes
Tom Brookes
Madelaine Desaulniers (Summer Law Student)
Madelaine Desaulniers (Summer Law Student)
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On November 4, 2024, the Minister of Service put forward Bill 30 (the "Bill") which, among other aspects will revise the adjudication process of the Prompt Payment and Construction Lien Act (PPCLA).

The adjudication deadline is now the "date of final payment"

Adjudication is the PPCLA's expedited dispute resolution process. Presently, an adjudication can be commenced only until the contract or subcontract is completed, unless the parties agree otherwise (s.33.4(1)). This raises a problem: when is the contract "complete"? Is it when the work is completed, when the final payment is made, or when the warranty concludes? Case law has defined completion as when "all of the work is done" (CANA Management Ltd v Condominium Corporation No. 0513341, 2021 ABQB 470, para 44).

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