MHHS · Prompt Payment and Construction Lien Act
Part 5 — Dispute Adjudication
33.61 Registration and enforcement
order referred to in section 33.6(4) as an order of the court if all of
the following are met:
(a) the adjudicator's order is submitted to the clerk of the
court not less than 30 days after the parties have received
the order;
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PROMPT PAYMENT
(b) no court order has been made affecting the binding nature
of the determination of the matter by the adjudicator;
(c) no arbitration has commence d and is in progress under the
Arbitration Act;
(d) no award has been made under the Arbitration Act;
(e) the parties have not enter ed into a written agreement that
resolves the matter in dispute;
(f) the additional requirements, if any, set out in the
regulations.
(2) On being registered, the adjudicator's order has, from the date
it is registered, the same effect as if it were an order made by an
Alberta court.
(3) The registration of an order pursuant to subsection (1) may not
be made after the later of the following:
(a) 2 years after th e date of the written notice referred to in
section 33.6(4);
(b) if applicable, 2 years after the date of the final
determination of an application for judicial review under
section 33.7, if the application did not result in the
adjudicator's order being set aside.
(4) A party shall serve written notice on the other party no later
than 10 days after the clerk of the court registers an adjudicator's
order under subsection (1).
(5) If an order registered under subsection (1) requires that an
amount be paid to a contractor or subcontractor, any related
requirement of the contractor or subcontractor, as the case may be,
to make payment to a subcontractor is deferred pending the
outcome of the enforcement of the order.
2020 c30 s17;2024 c20 s2