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C.C.S.M. c. B91
The Builders' Liens Act
Table of Contents
| 1 | Definitions | |
| (2) | Registered common-law relationship | |
| 2 | Substantial performance | |
| (2) | Where work cannot be completed | |
| (3) | Supplying materials | |
| (4) | Meaning of "agent" in subsection (3) | |
| (2) | Exemption re Infrastructure Contracts Disbursement Act | |
| (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 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 | 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) | Registration of claim document re disposition | |
| (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 | |
| (3) | Action must be based on registered lien | |
| 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 section 55 | |
| 52 | Application of sections 50 and 51 to liens 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 pending litigation order | |
| (5) | Registration of order | |
| (6) | Vacating pending litigation order | |
| 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 subsection (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 of lien action to master | |
| (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 | ||