Construction Lien Deadlines in Manitoba
Under the The Builders' Liens Act, C.C.S.M. c. B91
Current Manitoba lien preservation periods are generally 60 days under sections 43–45 of The Builders' Liens Act. The trigger depends on the claimant and the work. A holdback certificate date and a claimant's lien deadline are not interchangeable.
Manitoba construction liens deadlines
The statutory clocks for this topic in Manitoba, with section citations.
| Clock | Value | Statute |
|---|---|---|
Lien filing window Days to preserve or register a construction lien before the right expires. MB Builders' Liens Act Sections 43-45 | 60 days | MB Builders' Liens Act Sections 43-45 |
Identify the claimant's earliest trigger
Section 43 distinguishes material suppliers, service providers, contractors and subcontractors. Depending on the claimant, substantial performance or abandonment competes with last supply, completion of services, or last work as the controlling event. Review all applicable events and use the earliest statutory trigger.
Section 44 treats work and materials after substantial performance separately. Preserve the relevant finishing-work claim on its own facts. Earlier versions of the Act used 40-day periods; do not apply the current 60-day rule indiscriminately to historical claims.
Registration or service
For ordinary land claims, section 37 governs registration and section 38 prescribes the claim's contents. A claim against the Crown, a Crown agency or a municipality follows section 45's service procedure against the statutory holdback; it does not attach to that land.
A lien claim requires more than an invoice and a date. Confirm ownership, the land or public owner, the claimant's legal entitlement, the amount, the statutory form and the correct filing or service destination.
Enforcement is a separate step
Section 49 generally requires commencement of an action and the required pending-litigation registration within two years after lien registration, with corresponding rules for liens not attaching to land. A registrar's notice to commence action under sections 50–52 can shorten the practical time to 30 days. Do not rely on the two-year period if such a notice has been served.
Tiercord records a reviewed controlling lien event and shows a preservation reminder. It does not register, serve, prove or enforce the lien for you, and a reminder does not establish that release of the holdback is safe.
Construction liens in Manitoba: FAQ
Can I use project completion for every Manitoba lien?
No. Sections 43 and 44 use claimant-specific and finishing-work triggers. The earliest applicable statutory event must be established for the particular claim.
See the full Manitoba guide
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