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The Builders' Liens Act

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