Six Months into a New Era: Status Update on Alberta’s Prompt Payment and Adjudication Legislation

January 26, 2023 9:45am

Shaun W. Hohman
Rose LLP

William J. Kenny
Barrister & Solicitor
Kenny Law

Terry Milot
Executive Vice-President
Chemco Electrical Contractors

In August 2022, the long-awaited and highly anticipated Prompt Payment and Construction Lien Forms Regulation and a Prompt Payment and Adjudication Regulation came into force. The new regime was based off the scheme implemented several years ago in Ontario. Six months in, how is this regime being used, and what is the industry response? In this session, topics of discussion will include:

  • Reviewing the timelines and features of the prompt payment regime
  • Understanding what types of claims may be eligible for adjudication
  • Navigating the growing pains of having some contracts fall under the new regime and older contracts not eligible for the regime
  • Lessons learned from Ontario (but maybe by Jan there will be enough within AB to learn from, so revisit this)
  • Comparing adjudication to other forms of dispute resolution and how it works with other dispute resolution mechanisms in the contract