📚 Alberta Trades Resource Library

What is the Builders\' Lien Act?

The Alberta Builders\' Lien Act (RSA 2000, c. B-7) gives contractors, subcontractors, workers, and material suppliers a legal right to place a lien on a property when they have not been paid for their work or materials. A lien is a legal claim registered against a property\'s title.

Who Can File a Lien?

• General Contractors
• Subcontractors (any tier)
• Material / equipment suppliers
• Individual workers (wages)
• Architects, engineers, surveyors

Critical Deadlines

| Party | Deadline to Register Lien | |-------|--------------------------| | General Contractor | 45 days after work is completed or abandoned | | Subcontractor | 45 days after last day of work on the project | | Worker (wages) | 45 days after last day of work | | Material Supplier | 45 days after last delivery of materials | ⚠️ Miss the deadline = you lose your lien rights.

How to Register a Lien

1. Complete a Builders\' Lien form (available at Alberta Land Titles) 2. Include: legal land description, owner info, amount owed, dates of work 3. File at the Alberta Land Titles Office in person or via a lawyer 4. File fee: approximately $50–$100 5. Notify the owner in writing

10% Holdback Rule

Owners must holdhold 10% of all progress payments from GCs until the lien period expires. GCs must do the same with subcontractors. This holdback exists to ensure a fund is available to satisfy lien claims.

After Filing

• You have 180 days from lien registration to commence legal action
• You can negotiate settlement directly
• Consider filing a Statement of Claim in Court of King\'s Bench (amounts over $50,000) or Provincial Court

Resources

• Alberta Builders\' Lien Act Full Text
• Alberta Land Titles: 1-877-427-3919
• Consider consulting a construction law lawyer for amounts over $10,000

What is WCB-Alberta?

Workers\' Compensation Board Alberta provides no-fault insurance for work-related injuries and illnesses. Most Alberta employers are required to register and pay premiums.

Who Needs WCB Coverage?

• Most employers with workers (full-time, part-time, seasonal)
• Sub-contractors may be considered workers — always get a clearance letter
• Independent operators can apply for optional personal coverage

WCB Clearance Letters

A clearance letter confirms a contractor/subcontractor has valid WCB coverage with no outstanding amounts. Always request a clearance letter before work begins and before final payment.

How to Get a Clearance Letter

1. Go to wcb.ab.ca 2. Click "Contractors" → "Request a Clearance" 3. Enter the contractor\'s WCB account number OR business name 4. Valid clearances are current for approximately 30 days

GC Liability Risk

If a subcontractor is injured and does not have WCB coverage, you (the GC) may be held liable for their WCB claims. This is why clearance letters are critical for every subcontractor, every project.

Premium Rates (Approximate 2025)

| Industry | Rate per $100 Insurable Earnings | |----------|---------------------------------| | General Construction | $3.80–$5.20 | | Roofing | $7.00–$9.50 | | Electrical | $2.80–$3.80 | | Plumbing/HVAC | $2.50–$3.50 | | Landscaping | $3.00–$4.50 | *Rates vary — confirm with WCB-Alberta.*

Resources

• WCB-Alberta
• Request clearance: 1-800-661-9608
• Report an injury: 1-866-922-9221

GST Registration

You must register for GST if your taxable revenues exceed $30,000 in any 12-month period. Registration is done through the CRA Business Registration Online portal.

Current Rates

| Tax | Rate | Province | |-----|------|----------| | GST | 5% | Alberta (GST only — no PST) |

GST Invoice Requirements (CRA)

Invoices under $150 need:

• Supplier name
• Date of supply
• Brief description of service/product
• Total amount
Invoices $150 or more must ALSO include:
• GST registration number (RT number)
• Subtotal before GST
• GST amount charged separately

Construction-Specific Rules

• Residential new construction: Taxable at 5%
• Commercial construction: Taxable at 5%
• Substantial renovations: Taxable at 5%
• Holdbacks: GST is due when the holdback is released, not when billed
• Progress billing: GST is due when the invoice is issued

New Housing Rebate

Buyers of new homes under ~$450,000 may qualify for a GST New Housing Rebate — inform clients building custom homes.

Input Tax Credits (ITC)

Registered businesses can claim ITCs to recover GST paid on business inputs (materials, equipment, subcontractors).

Resources

• CRA Business Registration
• CRA Business Inquiries: 1-800-959-5525

What is CCDC?

The Canadian Construction Documents Committee (CCDC) produces standardized construction contracts widely used across Canada. Using CCDC contracts establishes clear expectations and reduces disputes.

Common CCDC Documents

| Document | Use Case | |----------|---------| | CCDC 2 | Stipulated Price Contract — fixed price, most common for residential/commercial | | CCDC 3 | Cost Plus Contract — cost + fee, used when scope is uncertain | | CCDC 5A | Construction Management Contract — CM for fee | | CCDC 9A | Statutory Declaration — use by subcontractor for statutory declarations | | CCDC 11 | Contractor\'s Qualification Statement | | CCA 1 | Subcontract for use with CCDC 2 | | CCA 14 | Document for use on Hazardous Materials Projects |

Key Clauses Every Contractor Should Know

• GC 5.1 — Substantial Performance definition and process
• GC 6.5 — Statutory holdback (10%) obligations
• GC 8 — Dispute resolution (negotiation → mediation → arbitration)
• GC 9.3 — Owner\'s right to withhold payment
• GC 12 — Warranty period (typically 1 year)

Change Orders

Use a written Change Order (CO) for every scope or price change. Verbal agreements are nearly impossible to enforce. CCDC provides a standard Change Order form.

Where to Get CCDC Documents

• Purchase directly from CCDC.org
• Single-use licences available online
• Some forms available through provincial construction associations (CAGC Alberta)

Practical Tips for Calgary Contractors

1. Always attach drawings and specifications as Schedule A 2. Define "substantial performance" milestones upfront 3. Specify payment terms (net 30 from invoice, not from site visit) 4. Include a dispute escalation clause referencing BizPro documentation

You Haven\'t Been Paid — What Now?

Late or non-payment is the #1 issue in the Alberta construction industry. Here is a step-by-step escalation path.

Step 1: Send a Formal Demand Letter

Before any legal action, send a written demand letter via email AND registered mail. State:

• The amount owed
• Invoice numbers and dates
• The payment deadline (e.g. 10 business days)
• That legal action will follow if unpaid
Keep a copy. This is required before most legal actions.

Step 2: File a Builders\' Lien

If work was on real property, register a lien immediately — you have 45 days. See our Builders\' Lien Guide.

Step 3: Report on BizPro

Document the non-payment here on BizPro. A verified review with a 🔴 Non-Payment badge:
• Warns other contractors
• Creates a timestamped public record
• May motivate faster resolution

Step 4: Alberta Provincial Court (Small Claims)

For amounts up to $50,000 — Provincial Court (Civil Division)
• Filing fee: ~$100–$200
• No lawyer required
• Timeline: 3–6 months typically
• File at any Provincial Courthouse in Calgary: 601 5th St SW

Step 5: Court of King\'s Bench

For amounts over $50,000
• Engage a construction law lawyer
• File a Statement of Claim
• Litigation can take 1–3 years

Step 6: Judgment Enforcement

Once you have a judgment:
• Register against the debtor\'s property via Land Titles
• Apply for a Writ of Enforcement
• Garnish wages or bank accounts

Prompt Payment Legislation

Alberta\'s Prompt Payment and Construction Lien Act (came into force Aug 2022) requires:
• Owners pay GCs within 28 days of a proper invoice
• GCs pay subcontractors within 7 days of receiving payment
• Disputes require a notice of non-payment within 14 days
• Adjudication available through ADRBO

Resources

• Alberta Courts
• ADRBO Adjudication
• Calgary Legal Guidance (free advice)
• BizPro Dispute Filing: /disputes/file

Alberta OHS Act Overview

The Occupational Health and Safety Act (Alberta) sets minimum workplace safety standards. All employers and workers must comply.

Key Employer Obligations

• Provide a safe work environment
• Develop a Health & Safety Program (required for 5+ workers)
• Conduct regular site safety meetings
• Provide proper PPE at no cost to workers
• Report serious injuries to OHS within 24 hours

Subcontractor Responsibilities

On a multi-employer worksite, the Prime Contractor (usually GC) has overall OHS responsibility. Subcontractors must:
• Follow the GC\'s site safety rules
• Maintain their own H&S program
• Ensure their workers have required certifications

Required Certifications (Common)

| Certification | Required For | |--------------|-------------| | Construction Safety Officer (CSO) | Site safety leads | | WHIMIS 2015 | All workers handling hazardous materials | | Fall Protection | Any work at heights 3m+ | | Confined Space Entry | Underground/confined work | | First Aid Level 1 | Required on most Alberta sites |

Reporting Injuries

• Immediately provide first aid
• Seek medical attention
• Report to WCB: 1-866-922-9221
• Notify OHS for serious injuries, incidents, or fatalities: 1-866-415-8690

Resources

• Alberta OHS
• Alberta WCB — Incident Reporting
• CORCSA Safety Training Calgary