R.S.M. 1987, c. B91
The Builders' Liens Act
Table of Contents
1 | Definitions. | |
2 | Substantial performance. | |
(2) | Where work cannot be completed. | |
(3) | Supplying materials. | |
(4) | Meaning of "agent" in subsec. (3). | |
3 | 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 | 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 | Receipts and moneys of owner constitute trust fund. | |
(2) | Advances on mortgages, etc. | |
(3) | Duties of owner as to trust fund. | |
(4) | Exception. | |
6 | 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 | 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 | Where estate attached is leasehold. | |
(2) | Limit of lien. | |
19 | Forfeiture of lease. | |
20 | Prior encumbrances, etc. | |
(2) | Future advances. | |
21 | Insurance moneys when lien attaches. | |
22 | 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 | 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 | When holdback may be reduced. | |
(2) | Reduction of holdback on substantial performance of sub-contract. | |
(3) | Payment of holdback under subsec. 24(2). | |
(4) | Payment of holdback under subsec. 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 | 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 | Liens for wages. | |
(2) | Enforcing lien for wages when contract not fulfilled. | |
(3) | Calculating percentage in certain cases. | |
(4) | Devices to defeat priority. | |
35 | 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 | Registration. | |
(2) | Registration of two copies of claim. | |
(3) | Registration under both systems. | |
(4) | Lien on mineral location for mining. | |
(5) | Lien on oil and gas mineral location. | |
(6) | Registration in respect of Crown lands. | |
38 | 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 | Claims not invalidated for informality. | |
(2) | Liens must be registered. | |
42 | Lienholder a purchaser pro tanto. | |
43 | 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 | 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 | 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 | 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 | Notice to lienholder to commence action. | |
(2) | Loss of lien. | |
51 | Effect of order to vacate under sec. 55. | |
52 | Application of secs. 50 and 51 to |iens not attaching to land. | |
TRANSMISSION OF LIEN | ||
53 | Death of lienholder. | |
54 | Assignment of lien. | |
(2) | Assignee registering lien. | |
(3) | Assignee registering assignment. | |
DISCHARGE OF LIEN | ||
55 | Registration of discharge. | |
(2) | Vacating lien on payment into court, etc. | |
(3) | Vacating registration on other grounds. | |
(4) | Vacating registration of lis pendens. | |
(5) | Registration of order. | |
(6) | Vacating lis pendens on certificate of registrar of court. | |
56 | Money paid into court, etc., in place of land. | |
(2) | No reduction of holdback. | |
(3) | Order for payment out of court. | |
57 | 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 | 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 | Giving certificate of substantial performance. | |
(2) | False certificate of substantial performance. | |
(3) | Exceptions to subsec. (1). | |
ENFORCEMENT OF LIEN | ||
60 | Action to realize lien. | |
61 | 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 | 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 | Consolidation of actions. | |
(2) | Carriage of proceedings. | |
(3) | Application for directions. | |
(4) | No appeal from order respecting third parties. | |
68 | Order for sale of land. | |
(2) | Sale of materials. | |
69 | Appointment of receiver of rents and profits. | |
(2) | Appointment of trustee. | |
70 | Orders for completion of sale, etc. | |
(2) | Sale subject to encumbrances. | |
71 | 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 | 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 | Reference to master in Winnipeg. | |
(2) | Action of court when report made. | |
(3) | Judgment. | |
79 | 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 | Old liens and actions. | |
(2) | Trusts under Builders and Workers Act. | |
82 | References to Mechanics* Liens Act, etc. | |
SCHEDULE | ||
Form 1 | ||
(Section 38) | ||
CLAIM FOR LIEN | ||
(Section 38) | ||
CLAIM FOR LIEN FOR WAGES | ||
(Section 38) | ||
CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS | ||
(Sections 38 and 45) | ||
AFFIDAVIT VERIFYING CLAIM | ||
Form 5 | ||
(Section 45) | ||
NOTICE OF CLAIM FOR LIEN | ||
(Section 45) | ||
NOTICE OF CLAIM FOR LIEN FOR WAGES | ||
(Section 45) | ||
NOTICE OF CLAIM FOR LIEN FOR WAGES BY SEVERAL CLAIMANTS | ||
(Sections 25 and 46) | ||
CERTIFICATE OF SUBSTANTIAL PERFORMANCE | ||
(Section 49) | ||
CERTIFICATE OF LIS PENDENS | ||
Form 10 | ||
(Section 50) | ||
NOTICE TO LIENHOLDER | ||
(Section 63) | ||
NOTICE OF TRIAL |