Alberta’s Public Works Act Explained: Key Processes for Contractors and Subcontractors

A Primer for Contractors and Subcontractors

In Alberta, private construction project participants enjoy the luxury of the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the "PPCLA"), which provides meaningful rights and relief by establishing lien rights, statutorily secured claims, and adjudication processes with the goal of facilitating and maintaining the movement of project funds.

On the other hand, public-sector project participants have historically been limited to the, much less understood and rarely litigated, Public Works Act, RSA 2000, c P-46 (the “PWA”). The PWA is a bespoke piece of legislation that aims to govern public-sector projects that the PPCLA does not apply to, such as the construction of public works and infrastructure (e.g. highways, dams, etc.).

However, on April 1, 2025, the Service Alberta Statutes Amendment Act, 2024 ("Bill 30"),[1] came into force, heavily amending the PWA. The new and improved PWA establishes an enhanced framework for managing, tendering, invoicing, prompt payment, adjudication, and claims processes during the lifespan of a public project, and is generally much more in line with the pith and substance of the PPCLA. The PWA aims to support project solvency by granting rights to contractors, subcontractors, material suppliers, and others who provide services or materials to a public work project. It does this by creating mechanisms to resolve disputes, secure payments, and enforce obligations associated with a public work project.

This long form blog post aims to break down the essential elements of the PWA and its application to public sector projects in Alberta. This blog will provide a brief history of the PWA, and provide an explanation of the PWA's essential processes such as invoicing, prompt payment, claims, payment of claims, and adjudication. Regardless of whether you are a contractor, subcontractor, or material supplier, it is essential to have a comprehensive understanding of how the PWA applies to your project. This knowledge is crucial for ensuring smooth operations and the proper flow of funds in public sector projects.

A Brief History

Until recently, the PPCLA and the PWA operated completely independently of each other. The PPCLA is generally much more comprehensive and provides a detailed framework for the governance of private sector construction projects. Unlike many other provinces, Alberta had opted to keep the two pieces of legislation separate and independent of each other. This naturally resulted in the PPCLA becoming a more comprehensive and judicially considered piece of legislation, while the PWA remained less understood and rarely litigated.

Bill 30: Upon its introduction, Bill 30 provides one set of prompt payment rules for both private- and public-sectors projects. Bill 30 establishes more comprehensive claims, invoicing, prompt payment and adjudication processes under the PWA. It does this by adopting similar language to the PPCLA, and in the context of adjudication, providing for the application of the PPCLA. Although the PWA's new language respecting proper invoices and prompt payment is similar to the PPCLA, the specific process differs by virtue of introducing a bottom-up prompt payment process.

Application to Contracts: Like with the initial introduction of the PPCLA, Bill 30 provides for transition provisions such that any contract entered into on or after Bill 30's April 1, 2025, will be governed by the new provisions, while contracts entered into prior to April 1, 2025, will be governed by the old provisions.[2]

PWA Contracts & Penalties

In the context of the PWA, a "contract" means a contract between the Government of Alberta (the "Crown"), or a Crown agent, and a contractor to provide labour, equipment, material or services to public work (e.g. where the Crown is the owner of the project).[3] A PWA contract can be established either by the Crown or an authorized Crown employee entering into an agreement with a contractor, or by initiating a tender process.[4]

Non-Waiver and Completion Terms: The Crown and contractor are prohibited from waiving the application of any of the PWA's provisions relating to the PWA contract.[5] The parties may set a completion date under the contract for when the project is set to conclude.[6] Furthermore, the parties are permitted to include a penalty in the contract if the project is not completed by the date specified.[7]

Penalties: The PWA allows penalties under a PWA contract to be realized out of security that may be required under the contract, or by the Crown withholding payment to the contractor.[8] This penalty may be either, or both:[9]

• the actual loss suffered by the Crown; and
• an agreed upon sum of money for each day the project remains incomplete after the set date of completion.

These penalty provisions were not historically in place prior to the introduction of Bill 30, but now apply to PWA contracts entered into after April 1, 2025.

Contract Types: In addition to a straightforward PWA contract, there are "capital asset upkeep contracts" and "special scope contracts". It crucial to understand what these contracts are due to the fact proper invoice provisions[10] and prompt payment provisions[11]do not apply to these contracts, or any contracts (or subcontracts) related to such contracts.

• Capital Asset Upkeep Contracts: According to section 14.5(1)(b) of the PWA, a capital asset upkeep contract is a contract focused exclusively on the management, care, and routine maintenance of a capital asset, excluding contracts for: (1) repairing wear and tear; (2) performing capital maintenance or renewals; (3) achieving construction milestones; or (4) enhancing an asset's value, lifespan, or productivity. Typically, a capital asset upkeep contract will be apparent by virtue of its provisions and perhaps even its title.[12]
• Special Scope Contracts: Special scope contracts are defined under section 14.5(1)(d) as contracts where the contractor also provides financing related to a public work, which is also typically identified within the contract itself.[13] A common example of a special scope contract would be a P3 contract, which are public-private contracts where the design, building, financing and maintenance/operation are combined into one performance based-contract. An example of a special scope contract, or P3 contract, is Calgary's newly completed ring road project.

Invoices

Similar to the PPCLA, the PWA requires that proper invoices be issued regularly to ensure the free flow of funds through the parties involved in the project. Whether you are a contractor, subcontractor, sub-subcontractor, or material supplier, you must now issue an invoice to the party that you provided services to every 31 days once the project has begun.[14]

Proper Invoice Form Requirements: The PWA requires that specific information is included in a "proper invoice", in addition to any such information that may be required under a contractor or subcontract. When you issue an invoice under a contract or subcontract, as applicable, it must include the following information:[15]

• your name and business address;
• the date of the proper invoice and the period during which the labour, equipment, material or services were provided;
• information identifying the contract/subcontract under which the labour, equipment, material or services were provided (e.g. contract number and title);
• a description of the work done, or the labour, equipment, material or services provided;
• the amount requested for payment and the corresponding payment terms broken down for the labour, equipment, material or services provided;
• the name, title and contact information of the person to whom the payment is to be sent; and
• a statement indicating that the invoice provided is intended to constitute a proper invoice and the date when the payment is due.

A proper invoice can also include other requirements, provided they are outlined in the contract. A proper invoice must comply with statutory requirements and any specific contractual requirements. However, any provision that makes delivering a proper invoice conditional on the prior approval of the invoiced party is invalid.[16]

Revising an Invoice: If a proper invoice requires revisions due to errors, failure to meet statutory requirements, or other applicable adjustments, section 13.1(3) of the PWA permits the invoice to be revised if:[17]

• the parties agree to revise the invoice; and
• it maintains compliance with section 13.1(1) of the PWA (e.g. the previously listed invoice requirements).

Non-Application: The above requirements respecting invoicing under the PWA do not apply to public works contracts that are "capital assets upkeep contracts", "special scope contracts" (e.g. P3 contracts), or any contract or subcontract that is related to such contracts.[18]

Prompt Payment

The goal of the PWA is to ensure the efficient flow of funds through public works projects. In order to achieve this, the PWA imposes prompt payment provisions on these projects. This provides parties to a PWA contract with a degree of certainty for when they will receive payment, helping to facilitate liquidity and financial planning in relation current projects and future projects. Knowing what deadlines apply to you as a contractor or subcontractor is crucial to ensuring the mitigation of potential costs associated with late payments.

General Process

Similar to the PPCLA, prompt payment timelines are triggered when a "proper invoice" or other request for payment is delivered to the paying party.[19] Unlike the PPCLA, these timelines can be triggered bottom-up, meaning a subcontractor or material supplier can trigger the prompt payment timelines via delivery of a proper invoice to another subcontractor. Delivery of such proper invoice, requires payment within 42 days of receipt, regardless of if the subcontractor has received payment from the Crown or contractor.[20] This then triggers the issuance of proper invoices up the chain to the contractor and Crown, who must pay their proper invoices within 35 days and 28 days, respectively.[21]

Payment Timelines

Generally, the Crown, a contractor, subcontractor, or sub-subcontractor is required to pay the undisputed amount included in the invoice by the deadlines listed below. A party’s obligation to pay the invoice is not affected by whether they have received payment for their services yet. The payment deadlines upon receiving a proper invoice are as follows:

Contracting Out of Prompt Payment Provisions: Parties should be aware that attempting to contract out of prompt payment provisions will prove futile, due to the fact prompt payment timelines override any contrary provisions provided for in individual contracts (e.g. pay-when-paid clauses and similar conditional payment provisions).[25]

No Impact on Wages: It is important to note that the proper invoice and prompt payment requirements does not reduce or impact the obligations of a contractor or subcontractor to pay wages to employees.[26] Therefore, non-payment of party's invoice is not a valid reason for failing to pay employees.

Late Payments: Contractors and subcontractors must ensure they are complying with the payment deadlines provided for under the PWA, as interest on unpaid invoices will begin to accrue on amounts that remain unpaid for more than 45 days from the party's receipt of a proper invoice.[27] In the context of a subcontractor to subcontractor, a mere three day delay in payment will result in interest accruing. Any interest accrued will be at the rate prescribed under section 4 of the Judgment Interest Act, RSA 2000, c J-1.[28]

Initiating a Claim

In the event a proper invoice is not paid, section 14(1) of the PWA allows a contractor or subcontractor who provides labour, equipment, material or services with respect to a public work, to send notice of a PWA claim (“Notice of Claim”) to the Minister, or the Crown agent responsible for the public work.[29] The PWA claims process is intended to simplify a claimant's ability to pursue a remedy for non-payment, and does not impact their private rights to pursue a remedy via typical means (i.e. common law or under contract). To pursue a claim, a party must provide notice of such claim. The PWA stipulates rules for the required form of notice, the notice periods depending on whether the project relates to a highway or road, and the rules for when a party misses the notice period.

General Process

When a claim arises, the general process is that the claimant will provide a Notice of Claim to the Crown in the form and within the timelines described below. After the Crown has received the Notice of Claim, the Minister will confirm its receipt of the Notice of Claim in writing to the claimant. The Minister, or Crown, may require further evidence from the claimant supporting their claim.

General Requirements

The PWA requires that a Notice of Claim must be in a "form satisfactory to the Crown” and must be issued within the "prescribed time frame".[30] There is no latitude granted within the PWA to allow for assessment on a case-by-case basis to determine whether a Notice of Claim has complied with the PWA.

Therefore, it is crucial that contractors or subcontractors use the prescribed form when creating a Notice of Claim.[31] The Notice of Claim must then be mailed to the Crown at the address located on the form within the specified notice period, depending on whether the project relates to a highway or road or not. Although the form requirements are inflexible, the method for submitting a Notice of Claim (e.g. by registered mail or regular mail) is less strictly enforced.[32]

Notice Period – Projects Related to Highways or Roads: If a claim arises out of a contract for work on a highway or road, the Notice of Claim must be sent by registered mail between 30 and 90 days after the last day on which labour, equipment, material, or services were provided in relation to the project. The form requirements for this type of notice remain the same as above, requiring both the amount and nature of the claim.

Notice Period – Projects Not Related to Highways or Roads: If a claim arises out of the performance of a contract related to any project other than a highway or road, the Notice of Claim must be sent via registered mail within 45 days after the last day on which labour, equipment, material or services were provided. The form requirements for this type of notice remain the same as above, requiring both the amount and nature of the claim.

Missing the Notice Period: Noting the above timelines is crucial to ensuring that your claim can be pursued. For example, in Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB),[33] the Alberta Court of King’s Bench laid out the implications of a claimant failing to send their Notice of Claim within the required notice period:[34]

• Disentitlement from Crown Payment Without Contractor Consent: The Crown is disentitled from paying the claim pursuant to section 15(1) of the PWA, meaning that the Crown would require the consent of the contractor to pay the amount claimed to the claimant.[35] If the Crown does not obtain the contractor's consent, it runs the risk of the contractor asserting that the money paid is still due and owing from the Crown to the contractor.
• Disentitlement from Crown Payment Without Surety Consent: The Crown is disentitled from paying the claim pursuant to section 15(2), meaning that the Crown requires the consent of the surety before paying a claim that does not comply with the PWA.[36] Similar to the above, if the Crown does not obtain the surety's consent prior to paying the claim, it runs the risk of the surety asserting that it is entitled not to honour any demand made by the Crown.
• No Payment of Funds into Court: The Crown is no longer entitled to pay the money claimed into Court pursuant to section 15(4), which allows the Court to determine who is entitled to the funds.[37]
• Disentitlement of Funds Paid into Court: If money is paid into Court by a claimant who has complied with the notice requirements, only a person who has provided notice of their claim to the funds prior to the funds being paid into Court can share the funds.[38] Simply, a Notice of Claim must be provided prior to funds being paid into Court in order to make a claim for a portion of such funds.

In summary, understanding the general claims process is invaluable if you intend to participate in the PWA's claims process as a means of receiving payment for services rendered. Perhaps more importantly, you must ensure that your Notice of Claim and the timely submission of your Notice of Claim satisfy the requirements, or you risk a much more challenging and costly process for obtaining payment for your services.

Payment of Claims

Once a Notice of Claim has been provided, section 15 of the PWA governs the options available to the Crown for the payment of such claim. Generally, following receipt of a compliant Notice of Claim, the Crown may either pay the claim directly to the claimant based on the Crown's own assessment of the merits of the claim, or the Crown may pay the contested amount of money into Court and have the Court determine the merits of the claim (or claims).[39] Generally, the latter option seems to be much more common.

General Process

If the Crown decides to pay the claimant directly, it can deduct the amount from what it owes the contractor and pay that sum to the claimant based on its evaluation of the case. Alternatively, if there appears to be a dispute, the dispute may be referred to adjudication (discussed below) or the Crown can pay the money into Court and let the Court decide who is entitled to the funds. The PWA outlines the timing of claims payments, handling insufficient Crown funds, the nature of Crown payments, payment into Court to satisfy claims, and the priority of payments.

Timing: Section 15(1) of the PWA provides the Crown with the ability to directly pay a claimant that has properly provided a Notice of Claim after 30 days of receiving the Notice of Claim.[40] If the Crown pays the claimant directly, the funds paid can be refunded by deducting the amount from the money due to the contractor. The deducted funds can be from money or security deposited by the contractors with the Crown.

Insufficient Funds: In the event there is insufficient funds payable to the contractor to cover the payment of the claim, section 15(2) imposes a duty on a surety to refund the Crown for the amount paid to the Claimant.[41]

Nature of the Crown's Payment: If the Crown opts to deal with the claimant directly, section 15(3) of the PWA precludes a contractor or surety from disputing any payment made by the Crown to the claimant.[42] Furthermore, section 15(3) provides the Crown with the discretion to act on any evidence it considers relevant in paying a claim. This provision effectively makes the payment of a claim by the Crown final and binding.

Payment of Money into Court: Section 15(4) of the PWA grants the Crown discretion to apply to the Court to pay money into Court, and for the Court to determine the persons who are entitled to be paid a portion of the money paid into Court.[43] In the vast majority of cases the Crown opts to pay the claimed funds into Court to have the Court determine the merits of the case. Unlike the PPCLA, the PWA does not provide for an option for substitution of security for money. The wording of section 15(4), specifically "on the terms and conditions, if any determined by the Court", suggests discretion and flexibility on how the money is paid and managed.[44]

Payment Priority

A claimant under the PWA holds priority over all other creditors, other than the Crown, of a defaulting contractor or subcontractor, secured or otherwise, to the moneys payable under section 14 of the PWA.[45]PWA claimant creditors, have a direct claim, with priority, to the funds paid into Court under the PWA. In Graham Construction and Engineering Inc., 2019 ABQB 543, Master W.S. Schlosser, as he was then, held:[46]

In essence, they are secured creditors with rights similar to lien holders against the funds in Court. As such, the amounts of their claims against the funds in Court flow directly to the subcontractors and not through Schendel. Schendel, itself, is also a direct claimant with priority to the funds in Court.

As noted above, for someone to become a claimant, the PWA only requires that the Notice of Claim comply with requirements as noted in section 14. The PWA does not contain any built-in evaluation mechanisms other than by payment under a section 15(4) order.[47] Subject to the terms of a section 15(4) order, the funds paid into Court will be paid to the contractor by default if no other claimants can establish entitlement.[48]

Adjudication

When a dispute arises in relation to a claim, the PWA provides a process for the adjudication of such dispute in order to provide a timely and cost effective mechanism for contractors and subcontractors to pursue payment. If a Notice of Claim is provided and a dispute arises respecting the claim, such dispute may be referred to adjudication. Part 5 of the PPCLA applies to the adjudication of disputes under of the PWA with all the necessary modifications and subject to the provisions of the PWA.[49]

General Process: When a PWA dispute is referred to adjudication, the process will be set and governed by a nominating authority designated under the PPCLA. Provided the subject matter of the dispute satisfies the requirements listed below, the overall structure of the adjudication process typically proceeds as follows:

Adjudication Requirements: In determining whether your dispute is capable of being adjudicated, there are certain requirements that must first be satisfied. Specifically:

• Standing of Parties: Section 33.4(1) of the PPCLA, which applies to PWA projects, only permits parties to a public works contract to refer a dispute to adjudication.[55] Therefore, only a party with a direct contractual relation to the counter party can refer a PWA dispute to adjudication (i.e. Crown with contractor, contractor with sub-contractor, etc.).
• PWA Applies: Part 3 of the PWA provides the adjudicator with the authority to actually adjudicate a dispute. This requires that the dispute in question is governed by the PWA by virtue of being a "contract" respecting a "public work". Section 1 of the PWA defines the "contract" and "public work" as follows:[56]
  1. "contract" means a contract between the Crown, or an agent of the Crown, with a contractor to provide labour, equipment, material or services with respect to a public work.
  2. "public work" includes the undertaking and all the works and property that may be acquired, made, built, constructed, erected, extended, enlarged, repaired, maintained, improved, formed, excavated, operated, reconstructed, replaced or removed under a contract or subcontract.
• Dispute: A "dispute" under the PWA is defined as meaning a dispute over the subject-matter of a Notice of Claim.[57] To refer a matter to adjudication there must have been a Notice of Claim issued, and the subject matter of that Notice of Claim must be in dispute between the parties.
• Dispute Relates to a Prescribed Matter: Section 14.3 of the PWA precludes certain matters from being referred to adjudication. Specifically, the following matters are expressly excluded from being referred to adjudication:[58]
  1. disputes seeking anything other than the payment of the contractor or subcontractor;
  2. disputes respecting a monetary claim in excess of $200,000 (a claimant is permitted to abandon any amount of the claim in excess of this amount, but must provide notification);
  3. any dispute seeking a determination or order respecting termination, enforcement, delay or modification of construction schedule, achievement of a milestone, or specific contractual interpretations.

If arbitration or litigation is initiated, the adjudication may still proceed unless a Court directs otherwise. That being said, if a Court makes an order respecting the merits of a dispute, the adjudication process is automatically terminated.

• Timely Issuance of Notice of Dispute: In order to refer a dispute to adjudication, a notice of adjudication must be issued within 30 days after the date of final payment, unless the parties agree otherwise.[59] The "date of final payment" will be the earlier of the date on which the complete payment amount set out in the contract is to be made or is required to be made pursuant to the prompt payment deadlines previously discussed. In the PWA context, final payment excludes any compensation for work performed after a certificate of substantial completion has been issued, as well as any remaining work that can be completed or corrected at a cost of less than 3% of the first $500,000 of the contract price, 2% of the next $500,000, and 1% of the balance.[60]
• Compliance with Adjudication Process: To refer a dispute to adjudication, it goes without saying that the adjudication process must be followed. This may include contractual terms within the contract itself setting out adjudication procedures, provided they do not conflict with statutory adjudication requirements.
• Contract is Not Exempt: In order for a dispute to be referred to adjudication, the contract cannot be exempt from adjudication. As previously discussed, "capital asset upkeep contracts" and "special scope contracts" are precluded from being referred to adjudication.

Nominating Authority: A nominating authority designed under the PPCLA, in addition to setting adjudication procedures, is also tasked with qualifying and appointing adjudicators, training adjudicators, establishing a registry of adjudicators, and providing the Crown with notice of commencement and completion of adjudication, along with other applicable documents.[61]

Role of the Adjudicator: Under the PWA, adjudicators are given the power to extend any of the above deadlines, one or more times, when either the adjudicator considers it necessary, or the parties agree to extend the deadline, and the adjudicator agrees. During the adjudication, the adjudicator is permitted to collect the information necessary to properly resolve the dispute. This may entail the adjudicator seeking information respecting the dispute from the parties themselves, independent research, site inspections and directly from construction industry professionals.

Effect of Determination: When the parties and the adjudicator have completed the adjudication procedure, the adjudicator will deliver a determination on the dispute. An adjudication determination, or order, is only binding on the parties when there is no, (1) Court order respecting the dispute; (2) arbitration award granted; or (3) written agreement between the parties resolving the dispute.[62] To ensure an adjudication order becomes binding, the order can be enforced by registering the order with a Court clerk. Once an order has been registered, it then becomes enforceable as a Court order. An adjudication order can only be registered with the Court if:[63]

• it is registered within 30 days of the order being received;
• there is no Court order impacting the binding nature of the order;
• no arbitration has been commenced;
• no award has been made in relation to the dispute; and
• there is no written agreement resolving the dispute.

Challenging an Adjudication Determination: If a party is dissatisfied with the outcome of adjudication, they have two non-exclusive paths to explore:

• Judicial Review: A dissatisfied party can initiate a judicial review of the adjudicator's determination pursuant to section 33.7 of the PPCLA, since these provisions also apply to adjudication under the PWA. Judicial review is essentially asking the Court to review the adjudicator's decision and make a final, binding, determination respecting the dispute. If a party intends to pursue judicial review, they must serve a judicial review application within 30 days from the date of the notice of determination.[64] It is worth noting that a judicial review application does not stay, or pause, the adjudicator's determination unless the Court directs otherwise.
• Initiate Litigation or Arbitration: Alternatively, if a party is dissatisfied with the adjudicator's decision, they may pursue traditional dispute resolution mechanisms such as litigation or arbitration. Parties should consider the implications of both litigation and arbitration before deciding which to pursue. For example, litigation is generally expensive, time-consuming, public, and decisions can be appealed. Alternatively, arbitration tends to be less expensive, faster, confidential, and the end result is a binding arbitration determination.

[1]Service Alberta Statutes Amendment Act, 2024, SA 2024, c 20 [Bill 30].

[2] Public Works Act, RSA 2000, c P-46 [PWA], Section 14.6(2) and (3).

[3]PWA, Section 1(b).

[4]PWA, Section 2(1).

[5]PWA, Section 1.1.

[6] PWA, Section 11.

[7]PWA, Section 11.

[8]PWA, Section 11(3).

[9]PWA, Section 11(2).

[10]PWA, Sections 13.1, 13.2, 13.3, 13.4, and 13.5.

[11]PWA, Sections 14.1, 14.2, 14.3, and 14.4.

[12]PWA, Section 14.5(1)(b).

[13]PWA, Section 14.5(1)(d).

[14]PWA, Section 13.1(4).

[15]PWA, Section 13.1(1).

[16] PWA, Section 13.1(2).

[17]PWA, Section 13.1(3).

[18]PWA, Section 14.5(2).

[19]PWA, Section 13.1(1).

[20]PWA, Section 13.4.

[21]PWA, Section 13.3 and 13.2.

[22]PWA, Section 13.2.

[23]PWA, Section 13.3.

[24]PWA, Section 13.4.

[25] Bryan West & Jordan Bierkos, Prompt Payment, Adjudication and Construction Liens in Alberta, 2023 (Toronto: Thomson Reuters, 2023) [Prompt Payment, Adjudication and Construction Liens in Alberta, 2023] at 23 (Prompt Payment).

[26]PWA, Section 13.6.

[27] PWA, Section 13.5.

[28] PWA, Section 13.5.

[29]PWA, Section 1(g): “public work” includes the undertaking and all the works and property that may be acquired, made, built, constructed, erected, extended, enlarged, repaired, maintained, improved, formed, excavated, operated, reconstructed, replaced or removed under a contract or subcontract.

[30]Alberta v. Cookshaw Electric (1975) Ltd., 1981 CarswellAlta 278, at para. 12.

[31] Government of Alberta, Notice of Public Works Act Claim, online: <https://www.alberta.ca/system/files/custom_downloaded_images/trans-notice-public-works-act-claim-form.docx>.

[32]Alberta v. Cookshaw Electric (1975) Ltd., 1981 CarswellAlta 278, at para. 12

[33]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB).

[34]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB) at paras. 13-19.

[35]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB) at para. 14.

[36]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB) at para. 15.

[37]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB) at paras. 16.

[38]Alberta v Gall (First Steel Fabricating Ltd), 1983 CanLII 1032 (AB KB) at paras. 17-18.

[39]PWA, Section 15(3).

[40]PWA, Section 15(1).

[41]PWA, Section 15(2).

[42]PWA, Section 15(3).

[43]PWA, Section 15(4).

[44]PWA, Section 15(4).

[45]Moonview Builders Ltd. v. Alberta Housing Corporation, 1983 CanLII 1009, at para. 8.

[46]Graham Construction and Engineering Inc v Alberta (Minister of Infrastructure), 2019 ABQB 543 at para. 13.

[47]Alberta Social Housing Corporation v Dawson Wallace Construction Ltd, 2023 ABKB 471 (CanLII), at para. 21.

[48]Alberta Social Housing Corporation v Dawson Wallace Construction Ltd, 2023 ABKB 471 (CanLII), at para. 38.

[49]PWA, Section 14(1).

[50]Prompt Payment and Adjudication Regulation, Alta Reg 23/2022 [Regulations], Section 22(1).

[51]Regulations, Section 22(1) and (2).

[52]Regulations, Section 23.

[53]Regulations, Section 24(2).

[54]Regulations, Section 26(1).

[55]PPCLA, Section 33.4(1).

[56]PWA, Section 1.

[57]PWA, Section 14.1(1).

[58]PWA, Section 14.3.

[59]PPCLA, Section 33.4(2).

[60]PPCLA, Section 33.4(3).

[61]PWA, Section 14.2.

[62]PPCLA, Section 33.61.

[63] PPCLA, Section 33.61(1).

[64]PPCLA, Section 33.7(2).