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ARTICLE · 28 SEPTEMBER 2023

The Statutory Trust Under The Builders' Liens Act

Thompson Dorfman Sweatman LLP
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The Builders' Liens Act of Manitoba imposes a statutory trust that attaches to any monies received by an owner or contractor prior to and throughout the course of construction.

CanadaReal Estate and Construction
Kosta L. Vartsakıs
Kosta L. Vartsakıs
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The Builders' Liens Act of Manitoba imposes a statutory trust that attaches to any monies received by an owner or contractor prior to and throughout the course of construction. This includes all funds received by an owner for the purpose of financing a construction project.

As monies become payable to the contractor, the project funds being held by the owner, or at any time thereafter received by the owner, are deemed to constitute a trust fund. The owner is the trustee of these funds. Any party that provided work or services or materials in respect of the Project is a beneficiary of the trust. This includes contractors, subcontractors, employees, suppliers and other material and project service providers.

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