THE BUILDERS’ LIENS ACT OF MANITOBA

The Commission is grateful to the following organizations for their considerable interest in this project: the Winnipeg Construction Association, the Manitoba Heavy Construction Association, the Mechanical Contractors Association, the Manitoba Subcontractor’s Association, the Manitoba Association of Architects, the Canadian Construction Association, the Surety Association of Canada, the General Co [...] Several sections of the Act prohibit payments from continuing in the face of a registered lien, a result colloquially referred to as “staying the hand of the paymaster”.26 When this occurs, mortgage companies refuse to make further advances to the owner, the owner is prevented from paying the contractor and so on. [...] Then they leave the city and the The Builders’ Liens Act of Manitoba: A Modernized Approach 14 Members of the Winnipeg Builders’ Exchange and representatives of material supply houses today commended the recent amendment to the Builders’ and Workmen’s Act as one of the greatest benefits of recent years to the western contracting business.41 The new provisions designated the builder, contractor and [...] Further, as sums become payable to the contractor on the basis of certification by a payment certifier, all money in the hands of the owner or at any time thereafter received by the owner for payment under the contract constitutes a trust fund pursuant to section 5(1) of the Act. [...] The Builders’ Liens Act of Manitoba: A Modernized Approach 16 Section 9 of the Act provides that the existence of a trust or cause of action asserting the existence of a trust or any breach of trust under the Act is not affected by expiry of the time for filing a lien.