Construction Law - Field Law

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Construction Liens

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Field Law provides legal advice to any industry in which construction occurs. This spans from assistance with drafting construction or consulting contracts, to ongoing support on projects, to assisting with dispute resolution.

Field Law helps with:	What we offer:
Labour + Employment	Collective agreements Employee discipline + termination Human resource policies Human rights claims Workers’ compensation appeals Wrongful dismissal claims Vaccination policies
Construction Dispute Resolution	Litigating construction’ liens Litigating Public Works Act claims Contract dispute resolution Delay and productivity claims Productivity impact litigation Deficiency claim litigation Arbitration Mediation
Occupational Health + Safety	Workplace policies Custom designed safety programs Workplace health + safety investigations 24-hour emergency response service OHS compliance services Defence against regulatory and criminal offences
Bonds + Surety	Surety Indemnity agreements Fidelity bonds Completion contracts Submitting and litigating performance bond and labour and material payment bond claims Defending performance bond and labour and material payment bond claims Security and other arrangements
Construction Liens	Registering liens Enforcing liens Disputing liens registered against a property
Business	Drafting and reviewing construction contracts, including custom contracts or supplemental conditions to standard form contracts Financing agreements for development projects Loan restructuring Mergers + acquisitions Equity or debt offerings (public or private) Corporate governance Employee Share Ownership Plans

,

KC, LLM

Counsel

dcarroll@fieldlaw.com

(He/Him)

Partner

tkathol@fieldlaw.com

(She/Her)

Partner

jbishop@fieldlaw.com

(He/Him)

Partner

Practice Group Leader

aburden@fieldlaw.com

Partner

ecarrasco@fieldlaw.com

(He/Him)

Partner

pgibson@fieldlaw.com

Partner

ghope@fieldlaw.com

Jeremiah Kowalchuk

Firm Managing Partner

jkowalchuk@fieldlaw.com

Ryan Krushelnitzky

Partner

rkrushelnitzky@fieldlaw.com

Partner

smatheson@fieldlaw.com

Sharon Stefanyk

,

KC

(She/Her)

Partner

sstefanyk@fieldlaw.com

Matthew Turzansky

(He/Him)

Partner

mturzansky@fieldlaw.com

Gordon Van Vliet

Partner

Practice Group Leader

gvanvliet@fieldlaw.com

,

KC

Counsel

mcasey@fieldlaw.com

,

KC

(He/Him)

Counsel

gharding@fieldlaw.com

Robert Homersham

Counsel

rhomersham@fieldlaw.com

,

KC, LLB, P.Eng

Counsel

rjoseph@fieldlaw.com

Doreen Saunderson

(She/Her)

Counsel

dsaunderson@fieldlaw.com

Angela Beierbach

(She/Her)

Lawyer

abeierbach@fieldlaw.com

Raymond Gallelli

Lawyer

rgallelli@fieldlaw.com

(He/Him)

Lawyer

pkolida@fieldlaw.com

(He/Him)

Lawyer

cmalone@fieldlaw.com

Jessica Robertshaw

(She/Her)

Lawyer

jrobertshaw@fieldlaw.com

Lawyer

jshepherd@fieldlaw.com

,

CPA

Tax Consultant

sdoyle@fieldlaw.com

Manager, Litigation Services - Edmonton

aantler@fieldlaw.com

Paralegal, Litigation Services

losborne@fieldlaw.com

Graham Group Ltd v Labas Estate, 2017 ABQB 241

Envacon Inc v 829693 Alberta Ltd, 2017 ABQB 623

Factors Western Inc v DCR Inc, 2021 ABCA 433

PME Inc v Enerkem Alberta Biofuels LP (Enerkem Alberta Biofuels GP Inc), 2021 ABQB 889

Gradziel v Town of Coalhurst, 2020 ABQB

Ross v. Bragg, 2020 BCSC 337

LaPrairie Works Inc v Ledcor Alberta Limited, 2019 ABQB 701

Amble Ventures (Alberta) Ltd v D.B.K. Engineering Ltd, 2019 ABQB 287

Golden Triangle Construction Management Inc v Nuwest Interior Systems Inc, 2019 ABQB 292

Park Avenue Flooring Inc v EllisDon Construction Services Inc, 2019 ABQB 73

Nova Pole International Inc v Permasteel Construction Ltd, 2018 ABQB 672

KBR Industrial Canada Co v Air Liquide Global E&C Solutions Canada LP, 2018 ABQB 257

Stephen v MacLean, 2018 ABQB 53

Direct Horizontal Drilling Inc v North American Pipeline Inc, 2017 ABQB 653

Condominium Plan No 7920829 v. Academy Contractors Inc., 2017 ABQB 583

Owners: Condominium Plan No. 0625385 v Oxford Grande Ltd., 2017 ABQB 316

Keyland Development Corporation v Rocky View (Municipal District No 44), 2016 ABQB 735

Prestigious Properties Inc v. Cold Lake Estates Inc, 2016 ABQB 632

1126592 Alberta Ltd. v. Condominium Corporation No. 0425913 (New Cambridge Lofts), 2014 ABPC 183

Keyland Development Corporation v Cochrane (Town), 2014 ABQB 458

Condominium Corporation No. 0825873 v. 1246153 Alberta Ltd., 2010 ABQB 718

E. Gruben’s Transport Ltd. v. Alberta Surplus Sales Ltd., 2010 ABQB 244

Chuck Corothers Building Materials Ltd. v. Royal North Industries Ltd., [1998] NWTR 114

November 28, 2024

OHS + Crisis Management Planning

In today’s unpredictable world, ensuring your business is prepared for health and safety challenges is more important than ever. Whether it's navigating Occupational Health and Safety (OHS) regulations or developing a robust crisis management...

Who Has Priority Over Adjudication Awards?

Constructive Thoughts Newsletter

Westport Insurance v. BDA Inc. considers the interplay between a surety’s general indemnity agreement and an adjudication award under Ontario’s Construction Act. While noting that a surety may, in theory, have priority over...

October 2024 - 5 min read

Behind the Bond: Understanding Surety Rights + Indemnity Agreements

Constructive Thoughts Newsletter

The Guarantee Company of North America v. Raeside highlights the enforceability of surety rights under a General Indemnity Agreement (GIA). For a party to advance defences such as non est factum or relief from forfeiture, substantial p...

September 2024 - 4 min read

Is Lien Validity Subject to a Mandatory Arbitration Clause in a Contract?

Constructive Thoughts Newsletter

In British Columbia, the Builders Lien Act provides security to contractors and suppliers by allowing them to place a lien on a property for unpaid work or goods. A recent BC court case addressed whether the validity of such a lien, ch...

The Best Lawyers™ in Canada 2025

Field Law is pleased to announce that 50 of our lawyers are recognized in their respective practice areas in the 19th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

August 2024 - 5 min read

Bridge Over Troubled Constitutional Water

Constructive Thoughts Newsletter

In Wood Buffalo (Regional Municipality) v Malcolm, the Alberta Court confirmed that constitutional arguments can be raised in court as a permissible collateral attack if the administrative body lacks jurisdiction over such questions. H...

August 2024 - 5 min read

Relief from Forfeiture: Imperfect Compliance vs. Non-Compliance

Constructive Thoughts Newsletter

In Todd Brothers Contracting Ltd. v Wessuc Inc., the Ontario Court rejected Wessuc's claim on a Labour and Payment bond due to failing to meet the bond's strict notice requirements and unreasonable behavior. The Court exam...

July 2024 - 5 min read

Understanding Arbitration Appeal Rights in Alberta

Constructive Thoughts Newsletter

Arbitration is a common dispute resolution mechanism for construction and other commercial litigation matters. One of the main benefits is that arbitrations are typically final and binding, subject to limited ability to seek leave to a...

July 2024 - 6 min read

First Court Decision Interpreting New Streamlined Trial Rules in Alberta

In January of 2024, the Alberta Rules of Court were amended to repeal the summary trial process and replace it with “streamlined trial” rules. Field Law's Frank Molnar, KC successfully represented an employer ...

June 2024 - 6 min read

Sludgy Pleadings: The Test for Withdrawing Admissions

Constructive Thoughts Newsletter

To withdraw admissions, the applicant must demonstrate: (1) that the proposed amendment raises a triable issue, (2) there is a reasonable explanation for the withdrawal, and (3) that the withdrawal will not result in prejudice to the r...

June 2024 - 7 min read

Don’t Hold Me To It! Where Contractual Intention Overrides Statutory Conditions

Constructive Thoughts Newsletter

This case highlights that prudency when drafting or agreeing to an exclusion clause in a purchase agreement is critical. Wording isn’t everything - a court will analyze each party’s intentions and the facts surrounding the ...

May 2024 - 5 min read

Constructing Confidence: The Adequacy of Letters of Credit in Lien Security

Constructive Thoughts Newsletter

TruGrp Inc. v. Karmina Holdings Inc. addresses the adequacy of letters of credit as security to vacate a lien. Concerns were raised about the enforceability of a bank’s letter of credit due to specific language that might render ...

May 16 - 4 min read

Judge, Jury + Mediator: The One-Stop Shop of Binding JDR

In the landscape of legal dispute resolution, binding judicial dispute resolution (binding JDR) presents a compelling alternative to traditional litigation, merging judicial authority with the flexibility of mediation. This method is particularly benef...

May 2024 - 2 min read

Legal Notes: The Frustration of Suing the Federal Government for Payment

Daily Commercial News

April 2024 - 5 min read

Mastering Compliance: Understanding Safety Codes Council Orders and Appeals in Construction

Constructive Thoughts Newsletter

The Court of King’s Bench reaffirmed the decision by the Safety Codes Council of Alberta Appeals Panel, which found that portable storage racks in a warehouse do not fall under the National Building Code's jurisdiction. This ...

April 2024 - 3 min read

Spoiler Alert: Don’t Destroy Evidence

Constructive Thoughts Newsletter

The Ontario Court of Appeal ruled that Ontario improperly destroyed documents related to Trillium's halted wind farm project. Though Trillium's original claims were dismissed and costly, the appeal revealed Ontario's failur...

April 2024 - 5 min read

When Is a Lien For Design Work Valid?

Constructive Thoughts Newsletter

When determining whether a party has performed or provided work "in relation to an improvement", BC courts will not stray from the rule that, without any physical demolition or construction work having begun, pre-construction...

March 2024 - 7 min read

The Owner Strikes Back: Subcontractor Unjust Enrichment Claims

Constructive Thoughts Newsletter

When striking pleadings, the moving party must show that it is "plain, obvious, and beyond doubt" that the plaintiff's claim could not succeed – it must have no reasonable prospect of success. This is typically a hi...

February 2024 - 3 min read

The Fine Line in Construction Lien Errors

Constructive Thoughts Newsletter

When registering a lien, ensuring the information included is accurate is crucial to lien validity. Getting the date work was completed, or the legal land location, wrong, is often fatal. But where does the court draw the line between ...

January 2024 - 4 min read

Construction Liens: Resolving Costs in Default Actions

Constructive Thoughts Newsletter

In a construction lien dispute, Alfa Mechanical filed a motion for default judgment against the Changs over a Toronto property lien. The parties set aside the default noting but disagreed on costs. The court awarded Alfa expenses for t...

December 2023 - 5 min read

How Much is Too Much: Extraordinary Remedies for Excessive Liens

Constructive Thoughts Newsletter

Determining the proper amount of a construction lien routinely arises in construction law proceedings. In certain circumstances, there may be no basis to support an excessive lien amount, which could ultimately bring the matter be...

Construction Lien Dilemma: Landlord Liability in Tenant-Driven Renovations

Constructive Thoughts Newsletter

A contractor may register a construction lien on a property to obtain payment for their unpaid services or materials. While registering liens is generally straightforward, complexities arise when the property's fee simple registere...

November 2023 - 6 min read

Third-Party Beneficiary of a Contract Bound by Mandatory Arbitration Clause

Constructive Thoughts Newsletter

The Court had to determine whether an owner, as third-party beneficiary of a subcontract, could litigate contractual warranty claims against a subcontractor, when the subcontract required “all disputes” under the subcontrac...

October 2023 - 4 min read

Lien on Me: Consequences of Excessive Liens

Constructive Thoughts Newsletter

Courts have the discretion to determine the security amount required to vacate a lien, which can be less than the claimed lien amount. In a recent BC case, a lien was allowed to be vacated by posting security for half of the disputed a...

October 2023 - 7 min read

Liability in Construction Contracts: Negligence + The Corporate Veil

A majority shareholder faced potential personal liability due to negligence during project oversight; however, the Alberta Court of Appeal clarified that such liability isn't easily established, emphasizing that the corporate veil ...

Legal Notes: Indemnity Awards are Based on Proportionality and Court Conduct

Daily Commercial News by ConstructConnect

September 2023 - 5 min read

Get Me Out: Interpleader Orders + Ongoing Contractor Litigation

Constructive Thoughts Newsletter

The Court found that where the amount owed to the general contractor exceeded the principal debts owed to subcontractors, it was appropriate to pay the full amount owed to the general contractor into court to fully secure subcontractor...

The Best Lawyers™ in Canada 2024

42 Lawyers Recognized

Field Law is pleased to announce that 42 of our lawyers are recognized in their respective practice areas in the 18th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...

August 2023 - 4 min read

Substantial Indemnity Costs in the Context of Liens

Constructive Thoughts Newsletter

Parties to construction contracts should be attentive to the potential for substantial indemnity costs in lien proceedings, recognizing the significance of recoverable litigation costs. The courts have the authority to award costs on...

July 2023 - 6 min read

Lien Bonds Are as Good as Cash

Constructive Thoughts Newsletter

The Manitoba Court of Appeal reversed a chambers Justice's decision which held that a lien bond was not as good as cash for vacating liens on a Crown project. In doing so, the Court of Appeal noted that in situations where neither ...

July 2023 - 4 min read

Who is Responsible for Defective Design?

Constructive Thoughts Newsletter

The Court in Seagate Construction v Halifax Regional Municipality held that when a contractor is hired to carry out a design created by others, it is not responsible for faulty aspects of the intended design if its workmanship is sound...

July 2023 - 4 min read

Determining Validity of Contractor Claim of Lien

Constructive Thoughts Newsletter

Understanding engagement relationships and responsibilities regarding subcontractors is crucial for construction company owners. A recent decision ruled that a lien was valid, even though the property owners were unaware of the subco...

June 2023 - 5 min read

How Should a Court Settle the Terms of a Release in Contentious Settlements?

Constructive Thoughts Newsletter

Haider v Rizvi highlights the Court's role in resolving disagreements when parties fail to agree on the terms of a release following a settlement. In this case, the Court determined the contents of a full and final mutual release...

June 2023 - 4 min read

Mistakes on Builders' Liens: Can They Be Cured?

Constructive Thoughts Newsletter

Two recent cases in Alberta and British Columbia examined the validity of construction liens with mistakes. In Alberta, a court ruled that liens with substantial compliance and no prejudice can be valid, even with certain mistakes. I...

May 24, 2023 - 4 min read

Surety Liability Under a Performance Bond

The Court faced a situation where it had to determine whether a surety had any liability under a performance bond. The Court found that even where it could not conclusively determine whether certain damages were due to the principal...

April 2023 - 3 min read

Legal Notes: Tough Love in the Tender Process

Journal of Commerce

April 2023 - 3 min read

Immovable Security: Lien Eligibility for Mobile Structures

The Ontario Superior Court of Justice confirmed that portable classrooms are characterized as "improvements" and are therefore eligible for a lien under the Ontario Construction Act. The same conclusion would like...

March 2023 - 4 min read

Priority Between Builders' Liens + Trustee Fees in a Bankrupt Estate

Usually, secured claims against a bankrupt estate (such as builders' liens) are paid out before any other claims, including a bankruptcy trustee's fees. But fairness is the most important consideration when administering a ba...

Costs + Damages Entitlement for Wrongfully Registered Liens

If a person wrongfully registers a lien, the property owner is entitled to costs and damages incurred resulting from the wrongfully registered lien. The specific award will depend on the circumstances of the case, but may include rea...

February 2023 - 3 min read

Unfinished Business: The Importance of a Flawless Bid in the Tender Process

If a submitted tender does not strictly comply with all the mandatory requirements of the tender package, the owner can and should reject that tender. This ensures that all bidders are treated fairly – the overarching...

January 2023 - 4 min read

Does a Subcontractor Have a Claim for Unjust Enrichment Against the Owner?

The Court confirmed that if a subcontractor registers a lien and subsequently fails to perfect that lien claim, it does not have an unjust enrichment claim. The lack of privity between an owner and subcontractor rarely results in a v...

January 2023 - 4 min read

Court Provides Clarity on Substituting Lien Bonds for Cash in Court

The Court stated that while posting a lien bond as a replacement for cash paid into court can free up funds that help lead to the completion of the project, doing so cannot be done if it undermines the trust provisions of lien legislat...

December 2022 - 3 min read

When Worlds Collide: The Interplay Between Liens and Adjudication Orders

Alberta’s prompt payment and adjudication provisions are based heavily on Ontario’s Construction Act, but a major difference is the extent of trust provisions. In Alberta, a trust only arises when a certificate of sub...

Complete or Not Complete: When is Substantial Performance Attained?

In Alberta, issuing a certificate of substantial performance allows the major lien fund to be released once the requisite time has elapsed. In British Columbia, issuing a certificate of completion allows the holdback to be released once the requisite t...

September 2022 - 4 min read

Can Surety Bonds be Rescinded Due to a Contractor's Fraudulent Conduct?

Surety bonds are commonplace on construction projects across Canada. They provide assurance that if the principal under the bond (usually a general contractor or major subcontractor) defaults, funds will be available to complete the work and/or pay unp...

September 2022 - 4 min read

Exposure for Developers: Potential Liability for Dangerous Defects

In construction law, it is common for anyone actively participating in construction projects to have duties imposed upon them to ensure the work is completed safely and is free from dangerous defects. If there is no evidence of the developer's r...

August 2022 - 4 min read

Final Countdown: Top 5 Things to Keep in Mind for Prompt Payment

The Prompt Payment and Construction Lien Act (“PPCLA”) comes into force on August 29, 2022, nearly two years after Bill 37 was first tabled. With only five days left, here are the top five things for all construction companies and...

July 2022 - 5 min read

Connected + Protected? Lien Rights on Different Lands

Whether Crown lands in Canada can be liened varies by province, but invariably, work done on some lands is not lienable. In JVD Installations Inc. v. Skookum Creek Power Partnership, the British Columbia Court of Appeal faced the following qu...

April 2022 - 3 min read

Priority of Lien Claims in a Post-Redwater World

The Supreme Court of Canada's Redwater decision concluded that provincial end-of-life abandonment and reclamation obligations, which are not claims provable in bankruptcy, must still be satisfied by a bankrupt estate, regardless of a...

March 2022 - 4 min read

Prompt Payment + Consultants: What You Need to Know

The upcoming changes to Alberta's construction law regime should be top of mind for all parties in the construction industry, with both the Prompt Payment and Construction Lien Act (the "PPCLA") and the Prompt Payment and A...

March 2022 - 10 min read

In Good Faith: Seven Cases Impacting Your Contracts

In 2020 and 2021, two significant Supreme Court of Canada cases, Callow Inc. v. Zollinger and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, clarified and confirmed the duty of good faith and honest contra...

February 2022 - 3 min read

Which Parties Must Be Sued to Enforce a Builders’ Lien?

Builders’ liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.In Alberta, a Statement of Claim and Certificate of Lis Pe...

January 2022 - 4 min read

Discharging a Builders' Lien: Is Cash King?

Posting either a lien bond or cash as security to discharge a builders' lien is standard practice in Alberta. Seemingly, this is because the lien claimant is not prejudiced by the posting of one form of security over the other. But is a ...

January 2022 - 4 min read

Factoring Arrangements and Builders’ Liens: How to Take Them Into Account

Payment disputes on construction projects are extremely common. With margins being low to begin with, contractors often find themselves financially strained and unable to cash flow their business operations to complete projects. One common form of reli...

October 2021 - 4 min read

Untangling a Web of Lien Claims

Builders’ liens on condominium projects are commonplace. The large scope of work required and the lack of surety bonding often leaves unpaid subcontractors or suppliers with little recourse in the event of non-payment. In Avli BRC Developments In...

September 27, 2021

Prompt Payment Legislation: The Impact on the Alberta Construction Industry

While the Alberta Builders’ Lien Act has been in force and essentially unchanged for several decades, it will soon evolve with the enactment of the Prompt Payment and Construction Lien Act. This new legislation will introduce significant changes ...

September 2021 - 3 min read

Prompt Payment Legislation in Alberta: Is Your Invoicing "Proper"?

Prompt payment legislation has been in force in the United Kingdom for almost 30 years. Notwithstanding its reported effectiveness overseas, it has been slow to gain traction in Canada. In July 2018, Ontario enacted the "modernization" of its...

September 2021 - 3 min read

Registering Builders’ Liens: When Does the Clock Start Ticking?

The Builders’ Lien Act (“BLA”) sets out deadlines for registering builders’ liens. However, determining if a lien has been registered out of time can be tricky. Whether the work performed by a contractor or subcontract...

July 2021 - 5 min read

Contract Drafting Secures Millions in Pre-Judgement Interest

Bidell Equipment LP v Caliber Midstream GP LLC, 2020 ABCA 478 (“Bidell”) is a recent appeal decision showcasing the importance of a properly drafted contract and its significance during contractual disputes. Additionally, this decision high...

May 2021 - 3 min read

Builders’ Liens: Where does the Lien Line Lie?

The line between what work gives rise to a valid builders’ lien, and that which doesn’t, can be blurry. The recent decision of YoungEnergyServe Inc. v LR Ltd, LR Processing Partnership, 2021 ABQB 101, has set out a framework for determining...

May 2021 - 4 min read

Constructing the Right Adjudication System for Alberta

How construction adjudication is developing across other Canadian provinces and what Alberta can expect.Later in 2021, Alberta will be implementing changes to the Builders’ Lien Act, including renaming it as the Prompt Payment and Constructi...

October 2020 - 3 min read

Prompt Payment in Alberta: One Big Step Closer

On October 21, 2020, Bill 37: Builders’ Lien (Prompt Payment) Amendment Act, 2020 passed First Reading in the Alberta Legislature. Bill 37 would introduce significant changes to the Alberta Builders’ Lien Act, particularly by introducing st...

Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired. But, in the ca...

January 2020 - 3 min read

Who You Gonna Call (As a Witness)?

Construction disputes (as with any matters in litigation) rarely make it to trial. Matters typically settle or are resolved on a summary basis through written evidence alone. But if a matter proceeds to trial, where evidence via live wit...

October 2019 - 2 min read

Think Leaving Equipment On Site Extends Your Lien Period? Think Again.

Builders’ liens provide unpaid contractors and subcontractors on a construction project the ability to secure a debt claim against a piece of land. While courts have acknowledged that the purpose of builders’ liens is to prov...

Doing Work on a Provincial Project? Protect Yourself with a Public Works Act Claim

The Public Works Act (“PWA”) is a helpful, rarely litigated piece of legislation for unpaid subcontractors. By submitting a PWA claim to the Provincial Government, a subcontractor has the ability to seek compensation outside ...

Fairness is in the Eye of the Beholder in the Tender Process

The tender process has long been a staple of the construction industry. Variations of that process, via requests for proposals (“RFPs”), requests for quotations (“RFQs”) or other similar processes have also been d...

Consequential Consequences: Contractually Excluding Damages for Lost Profits

Clauses that exclude or limit the recovery of consequential or indirect damages are common in construction, services and other commercial contracts. These clauses can play an important role in risk allocation. This is particularly so in situation...

Featured News

June 2024 - 6 min read

Sludgy Pleadings: The Test for Withdrawing Admissions

To withdraw admissions, the applicant must demonstrate: (1) that the proposed amendment raises a triable issue, (2) there is a reasonable explanation for the withdrawal, and (3) that the withdrawal will not result in prejudice to the r...