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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) | 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 subsec. 24(2) |
| (4) | Payment of holdback under subsec. 24(2) respecting sub-contract |
| (5) | 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 sec. 55 |
| 52 | Application of secs. 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. |