When construction projects go wrong, you need experienced legal representation to protect your investment and resolve disputes efficiently.
Edmonton Law Office provides focused legal services for contractors, property owners, developers, and subcontractors facing construction-related conflicts. We understand the financial and operational pressures these disputes create.
Construction litigation arises from various issues that can threaten your project and financial stability. Contract breaches occur when one party fails to fulfill their obligations, leading to delays, substandard work, or abandoned projects.
Payment disputes are among the most frequent conflicts, involving delayed payments, non-payment, or disagreements over change orders and extras. These issues can halt work and damage business relationships.
Defective workmanship claims arise when construction fails to meet agreed-upon standards or building codes applicable in Alberta. Property owners may discover structural issues, code violations, or work that doesn’t match contract specifications. Contractors face liability claims that can impact their reputation and financial standing.
Construction liens represent a significant concern for property owners. Under Alberta’s Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (which replaced the Builders’ Lien Act in August 2022), contractors, subcontractors, and suppliers can register liens against your property for unpaid work or materials, which can complicate sales and financing.
If you’re facing any of these issues, contact Edmonton Law Office at (780) 784-6666 for an initial consultation with one of our construction lawyers.
Alberta’s prompt payment regime changed how construction payment disputes are handled. For most construction contracts, once a contractor delivers a “proper invoice”, the owner must pay it within 28 days or deliver a notice of dispute within 14 days. Contractors must then flow payment down to subcontractors within set timelines.
The Act also created a fast-track adjudication process: payment and change-order disputes can be referred to an independent adjudicator who issues a binding interim decision in weeks rather than years. Adjudication can keep money and work flowing on a live project, but strict notice rules apply, and an adjudication determination can still be followed by litigation.
Whether prompt payment, adjudication, a lien, or a court action is the right tool depends on your contract, the project timeline, and the amounts at stake. A litigation lawyer at Edmonton Law Office can assess which route protects you best.
Construction disputes in Alberta follow specific legal procedures. The process begins with a thorough review of contracts, correspondence, and project documentation to assess your legal position.
Many disputes can be resolved through negotiation, mediation, or adjudication, saving time and legal costs while preserving business relationships. When settlement isn’t possible, litigation through Alberta’s courts becomes necessary to protect your rights: in the Alberta Court of Justice for claims up to $100,000, or the Court of King’s Bench of Alberta for larger or more complex matters. A litigation lawyer with Edmonton Law Office who is experienced with construction litigation will evaluate which approach serves your interests best.
The Prompt Payment and Construction Lien Act sets strict timelines for filing and preserving lien rights. For most work, a lien must be registered within 60 days of the last day work was performed or materials supplied. The deadline is 90 days for work or materials related to concrete, and special rules apply to improvements to oil and gas well sites. Missing the deadline can permanently eliminate your lien rights.
Registering the lien is only the first step. A lien generally expires 180 days after registration unless the claimant commences a court action and registers a certificate of lis pendens. Owners are also required to retain a 10% holdback from payments, which forms a fund lien that claimants can look to.
Property owners facing lien claims have specific options for discharging or contesting them. You can pay security into court to remove the lien from the title and allow a sale or refinancing to close, or challenge the validity, timeliness, or amount of the lien. Understanding these provincial requirements is necessary to protect your interests, whether you’re filing or defending against a lien claim.
Construction law involves provincial legislation, industry standards, and specialized contracts. A lawyer experienced in Alberta construction litigation understands local building codes, the Prompt Payment and Construction Lien Act, and the unique challenges of the Edmonton construction industry.
Local representation means faster response times, familiarity with Alberta courts, and knowledge of regional construction practices. Edmonton Law Office works efficiently to minimize disruption to your projects while pursuing a practical strategy based on your contract, project history, evidence, and available remedies.
Our approach focuses on early case assessment, clear communication about your options, and strategic decision-making based on your business goals. Whether your case requires determined litigation or collaborative dispute resolution, we adapt our strategy to your specific situation.
How long do I have to register a construction lien in Alberta?
Generally, 60 days from the day you last performed work or supplied materials, or 90 days for work or materials relating to concrete. The lien then expires 180 days after registration unless you sue and register a certificate of lis pendens. These deadlines are strict; get advice immediately if payment is overdue.
How do I remove a builder’s lien from my property title?
Common routes include paying the lien fund or security into court to discharge the lien from title, negotiating a resolution, or applying to the court to strike an invalid or out-of-time lien. The right route depends on whether you need to close a sale or get financing quickly.
What is construction adjudication?
A fast, binding-on-an-interim-basis dispute process under the Prompt Payment and Construction Lien Act for payment and related disputes on active projects. It is much faster than court, but strict timelines and notice requirements apply.
Do these rules apply to my older contract?
Transition rules determined whether the former Builders’ Lien Act or the current Act applies, based on when the contract was entered into. If your contract predates August 2022, have a lawyer confirm which regime governs before relying on any deadline.
Construction disputes escalate quickly, and delays in seeking legal advice can compromise your rights under Alberta law. Time-sensitive deadlines apply to lien claims, prompt payment notices, contract disputes, and other construction-related matters. The longer you wait, the fewer options you may have.
Edmonton Law Office provides the focused legal support you need to address construction litigation effectively. We offer clear guidance on your legal options and work to resolve disputes while minimizing financial impact on your business or project.
Call (780) 784-6666 today for an initial consultation with an experienced lawyer at the Edmonton Law Office to discuss your construction dispute.
The information on this page is general legal information and is not legal advice. Every dispute turns on its own facts, contracts, and deadlines. Reading this page or contacting Edmonton Law Office by phone, email, or web form does not create a solicitor-client relationship. Please do not send confidential information until a lawyer at our firm has confirmed in writing that we act for you. Legal deadlines, including limitation periods, may bar your claim if missed; promptly obtain legal advice about your specific situation.
Get experienced legal support to resolve your construction litigation matter and protect what you’re owed.
