Construction Adjudication in Manitoba
Under the The Builders' Liens Act, C.C.S.M. c. B91
The Manitoba Prompt Payment Adjudication Authority (MPPAA) administers adjudication under The Builders' Liens Act. Section 103 lists referable disputes, including valuation, payment, non-payment notices, set-off and holdbacks.
Manitoba adjudication deadlines
The statutory clocks for this topic in Manitoba, with section citations.
| Clock | Value | Statute |
|---|---|---|
Adjudication referral window A dispute cannot be referred to adjudication once the contract is complete. There is no grace period after completion, so refer before the work finishes or the remedy is gone. MB Builders' Liens Act Section 103 | Until the contract is complete | MB Builders' Liens Act Section 103 |
Adjudicator determination Days for the adjudicator to issue a binding determination after receiving the claimant's documents. MB Builders' Liens Act Section 115; M.R. 113/2024 Section 15.4 | 30 days | MB Builders' Liens Act Section 115; M.R. 113/2024 Section 15.4 |
Comply with determination Days to pay an amount ordered by an adjudicator. MB Builders' Liens Act Section 121 | 10 days | MB Builders' Liens Act Section 121 |
Commence before completion
Section 103(2) bars commencement after the contract or subcontract is completed unless the parties agree otherwise. Manitoba does not provide a general 90-day grace period after completion.
Regulation section 1.1 has a narrower deemed-completion rule: the improvement is ready for its intended use or being used, and remaining work cannot be completed expeditiously for reasons beyond the contractor's or subcontractor's control. Its 90-day period must not be mistaken for an ordinary post-completion referral window.
Notice, appointment and documents
Give Form 6 to the other party and copy it to MPPAA the same day (Act section 106; regulation section 15.1). Use a registered adjudicator under section 108. A proposed adjudicator has four days to consent; an Authority appointment must be made within seven days of the request under section 110.
Section 112 gives the claimant five days after appointment to provide the notice, contract or subcontract, and supporting documents to the adjudicator, with copies to the other party. The response deadline is set through the adjudication procedure; it is not a universally fixed ten-day response period.
Determination and enforcement
Section 115 requires a determination within 30 days after the adjudicator actually receives all section 112 documents, subject to section 116 extensions. Appointment and an assumed materials due date are not substitutes for actual receipt. The regulation requires the determination to be provided when made and a certified copy within seven days.
Pay an ordered amount within ten days after the determination is provided (section 121). An application to set it aside is due within 30 days after provision (section 120). Filing for enforcement is generally within two years, with the later unsuccessful set-aside determination relevant under section 122; give the required filing notice within ten days. Non-payment of the adjudicator's order can support suspension under section 121. Ordinary invoice non-payment alone does not create that statutory suspension right.
Adjudication in Manitoba: FAQ
Does adjudication preserve a Manitoba lien?
No. Lien preservation, enforcement and any notice to commence action have separate requirements and deadlines. Do not let an adjudication replace the steps needed to preserve a lien.
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Every deadline, notice and adjudication rule in one place.