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C.C.S.M. c. B91

The Builders' Liens Act

1 (1) Definitions
(2) Registered common-law relationship
2 (1) Substantial performance
(2) Where work cannot be completed
(3) Supplying materials
(4) Meaning of "agent" in subsection (3)
3 (1) Crown, etc. bound
(2) Act not to apply to provincial highways, etc.
(3) Act not to apply to certain Manitoba Hydro contracts
TRUST PROVISIONS
4 (1) Receipts of contractor constitute trust fund
(2) Receipts of sub-contractor constitute trust fund
(3) Duties of contractor respecting trust fund
(4) Duties of sub-contractor re trust
5 (1) Receipts and moneys of owner constitute trust fund
(2) Advances on mortgages, etc.
(3) Duties of owner as to trust fund
(4) Exception
6 (1) Protection of money lenders
(2) Certain moneys not subject to garnishment
(3) Assignment not valid against lien or trust
(4) Assignment subject to trust
7 Offence and penalty
8 Limit of time for asserting claims to trust moneys
9 Registration time limits, etc., do not apply to trusts
RECORDS
10 (1) Records by contractors and sub-contractors
(2) Records to be current
(3) Records to be kept after completion
(4) Separate records for each project
(5) Requirement to produce to inspector
(6) Offence
(7) Continuing offence
ATTEMPTS TO CIRCUMVENT ACT
11 Waivers, etc., against public policy
12 Devices to defeat liens and trusts
ORIGIN AND NATURE OF LIEN
13 Creation of lien
14 Small liens
15 Commencement of lien
16 Liens against Crown, etc.
17 Where materials incorporated
18 (1) Where estate attached is leasehold
(2) Limit of lien
19 Forfeiture of lease
20 (1) Prior encumbrances, etc.
(2) Future advances
21 Insurance moneys when lien attaches
22 (1) Limit of owner's liability
(2) Liability of municipality with respect to certain roads, etc.
23 Limit of lien claimed by person other than contractor
24 (1) Holdback
(2) Holdback after substantial performance
(3) Payment into holdback account
(4) Payments into holdback account on order of judge
(5) Order to pay into holdback account
(6) Holdback under Crown contracts etc.
25 (1) When holdback may be reduced
(2) Reduction of holdback on substantial performance of sub-contract
(3) Payment of holdback under subsection 24(2)
(4) Payment of holdback under subsection 24(2) respecting sub-contract
(5) Payment certifiers certificate as to sub-contract
(6) Certificate where no payment certifier
(7) Certificate of substantial performance by sub-contractor
(8) Judge's order for certificate
(9) Interest payable to sub-contractor
26 Lienholders charge on holdback
27 (1) Effect of payments made with holdback
(2) Effect of payments without holdback
(3) Payment of holdback where no liens
(4) Payment of holdback where liens are registered
(5) Liability of corporation directors
(6) Where holdback not to be applied
(7) Charge on further amounts payable by Crown or municipality
28 Interest on holdback account
29 Amendment of contracts
30 Payments in good faith without notice of lien
31 Priority of lien
32 Agreements for purchase
33 Priority among lienholders
34 (1) Liens for wages
(2) Enforcing lien for wages when contract not fulfilled
(3) Calculating percentage in certain cases
(4) Devices to defeat priority
35 (1) Removal of materials during lien
(2) Costs
(3) Certain materials not subject to execution
36 Architects and engineers to have no lien
REGISTRATION OF LIEN
37 (1) Registration
(2) Registration of two copies of claim
(3) Registration under both systems
(4) Lien on mineral location for mining
(5) Registration of claim document re disposition
(6) Registration in respect of Crown lands
38 (1) Contents of claim for lien
(2) Form of claim
(3) Address for service to be shown on claim
39 What may be included in claim
40 Liability for grossly exaggerated claims
41 (1) Claims not invalidated for informality
(2) Liens must be registered
(3) Action must be based on registered lien
42 Lienholder a purchaser pro tanto
43 (1) Time within which claim may be registered by contractor
(2) Time within which claim may be registered by sub-contractor
(3) Time within which claim for materials may be registered
(4) Time within which claim for services may be registered
(5) Time within which claim for wages may be registered
(6) Meaning of substantial performance
44 Registration of liens for work after substantial performance
45 (1) Where lien does not attach to land
(2) Notice of claim to holdback
(3) Giving notice of claim on Crown, etc.
(4) Time for giving notice
(5) Contents of notice
(6) Verification
(7) Address for service to be shown on notice
(8) Claims not invalidated for informality
(9) Notice must be given
SUBSTANTIAL PERFORMANCE
46 (1) Certificate of substantial performance by payment certifier
(2) Certificate of substantial performance by owner
(3) Judge's order for substantial performance
(4) No appeal
(5) Offence to give certificate of substantial performance fraudulently
(6) Contents of certificate of substantial performance
47 Manner of giving certificate of substantial performance
48 Certificate not invalidated for informality
EXPIRY AND DISCHARGE
49 (1) Lien expires if not registered within time
(2) Lien expires if registered and not proceeded upon
(3) Liens not attaching to land cease if no notice given
(4) Expiry of lien not attaching to land and not proceeded with
(5) Application of subsecs. (1) and (2) to liens not attaching to land
50 (1) Notice to lienholder to commence action
(2) Loss of lien
51 Effect of order to vacate under section 55
52 Application of sections 50 and 51 to liens not attaching to land
TRANSMISSION OF LIEN
53 Death of lienholder
54 (1) Assignment of lien
(2) Assignee registering lien
(3) Assignee registering assignment
DISCHARGE OF LIEN
55 (1) Registration of discharge
(2) Vacating lien on payment into court, etc.
(3) Vacating registration on other grounds
(4) Vacating registration of pending litigation order
(5) Registration of order
(6) Vacating pending litigation order
56 (1) Money paid into court, etc., in place of land
(2) No reduction of holdback
(3) Order for payment out of court
57 (1) Certain acts not prejudicial to lien
(2) Dealing with promissory note
(3) Action to be begun
(4) Proving claim in another action
RIGHTS TO INFORMATION
58 (1) Particulars of contract, etc.
(2) Particulars of sub-contract, etc.
(3) Information from mortgagee or unpaid vendor
(4) Costs of copies etc.
(5) Failure to respond to demand
(6) Order to produce
59 (1) Giving certificate of substantial performance
(2) False certificate of substantial performance
(3) Exceptions to subsection (1)
ENFORCEMENT OF LIEN
60 Action to realize lien
61 (1) Action for benefit of all lienholders
(2) Lienholders may join in actions
(3) Discontinuance of action
62 Failure to file defence
63 Service of notice of trial
64 Lienholders who are not parties to file statement
65 (1) Trial of action
(2) Disposal of questions and judgment
(3) Order for separate trial of certain issues
(4) No appeal
66 Joining other claims
67 (1) Consolidation of actions
(2) Carriage of proceedings
(3) Application for directions
(4) No appeal from order respecting third parties
68 (1) Order for sale of land
(2) Sale of materials
69 (1) Appointment of receiver of rents and profits
(2) Appointment of trustee
70 (1) Orders for completion of sale, etc.
(2) Sale subject to encumbrances
71 (1) Report on sale
(2) Vesting of title
72 Deficiency recoverable by usual process
73 Personal judgment when lien fails
74 Allowing claim to be proved after trial
75 (1) Costs at discretion of judge
(2) Costs for least expensive course
(3) Costs of vacating lien
76 No fees on payments out of court
77 Where no appeal lies
78 (1) Reference of lien action to master
(2) Action of court when report made
(3) Judgment
79 (1) How documents etc. given or sent
(2) Where document etc. sent by reg. Mail
(3) Where mailing service not permitted
(4) Evidence of date of mailing
80 Regulations
81 (1) Old liens and actions
(2) Trusts under Builders and Workers Act
82 References to Mechanics' Liens Act, etc.
SCHEDULE
Form 1
CLAIM FOR LIEN
Form 2
CLAIM FOR LIEN FOR WAGES
Form 3
CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS
Form 4
AFFIDAVIT VERIFYING CLAIM
Or
Form 5
NOTICE OF CLAIM FOR LIEN
Form 6
NOTICE OF CLAIM FOR LIEN FOR WAGES
Form 7
NOTICE OF CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS
Form 8
CERTIFICATE OF SUBSTANTIAL PERFORMANCE
Form 9
PENDING LITIGATION ORDER
Form 10
NOTICE TO LIENHOLDER
Form 11
NOTICE OF TRIAL

 

 


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