Breaking Ground: MT Construction Law Western Canada

Photo of a construction site, taken from the ground and facing the sky

June 8, 2022

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What damages can you lien for? PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889

Emma L. Johnston, Mark Puszczak, Ryley Schmidt

The decision of the Alberta Court of Queen’s Bench in PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc)[1] considers whether the lien fund or the value of a builders’ lien under the Alberta Builders’ Lien Act,...

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Owners beware: Factoring invoices should not be factored into the major lien fund

Emma L. Johnston, Bryan Hosking

In Factors Western Inc. v DCR Inc., 2021 ABCA 433 (“Factors Western“), the main issue that the Alberta Court of Appeal was faced with was determining whether or not an invoice that was factored between a project owner, a general...

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