Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Prompt Payment and Construction Lien Act

Part 8 — Enforcement of Liens

49 Enforcement of lien

Current to 2025-04-01 · Official PDF

(1) Proceedings to enforce a lien shall be commenced by a
statement of claim.
RSA 2000

PROMPT PAYMENT
(2) Lienholders shall not be named as defendants.
(3) When the party issuing the statement of claim is not the
contractor, the statement of claim shall name as defendants
(a) the owner,
(b) the contractor, and
(c) the holder of any prior r egistered encumbrance against
whom relief is sought.
(4) When the person issuing the statement of claim is the
contractor, the person shall name as defendants
(a) the owner, and
(b) the holder of any prior r egistered encumbrance against
whom relief is sought.
(5) In this section, "prior registered encumbrance" does not
include a lien.
(6) The procedure in adjudicating on the claims shall be of a
summary character, so far as is possible, having regard to the
amount and nature of the liens in question and the enforcement of
them at the least expense.
RSA 1980 cB-12 s36;1985 c14 s21