This session covered a wide-range of topics on construction risk management in Alberta.
Key takeaways
Amendments to the Public Works Act
(in force April 1, 2025)
- New provisions apply to contracts with the Province (or its agent) entered into on or after proclamation
- Prompt Payment on construction contracts with the Province of Alberta
- Adjudication available for disputes under $100,000.00.
General amendments to the Prompt Payment and Construction Lien Act
(in force April 1, 2025)
- Consultants can waive the application of the PPCLA
Amendments to the PPCLA adjudication process
(in force April 1, 2025)
- Adjudication will be available after project completion
- Adjudication will be available where an arbitration or court action have been commenced
Adjudication: What to expect from the process
- Fast paced, risky and potentially expensive
- Unclear limits on the scope of Adjudication.
- Disputing proper invoices does not trigger adjudication; however, failure to do so could result in limits on your ability to defend a claim.
Additional contractual clauses
- Amendments will require updates to contractual adjudication procedures.
- Consider options to identify adjudication appropriate disputes in your contract.
- Withholding clauses are essential in the face of prompt payment and adjudication.