Notice of Non-Payment in Manitoba
Under the The Builders' Liens Act, C.C.S.M. c. B91
Manitoba prescribes five non-payment notices under M.R. 113/2024. The correct form and time depend on who is withholding, why, and whether upstream payment or a notice has arrived.
Manitoba notice of non-payment deadlines
The statutory clocks for this topic in Manitoba, with section citations.
| Clock | Value | Statute |
|---|---|---|
Notice of non-payment window Window to dispute an invoice. Miss it and the amount is generally payable in full. MB Builders' Liens Act Section 90 | 14 days | MB Builders' Liens Act Section 90 |
Undertaking to adjudicate When refusing to pass payment down, the payer must undertake to refer the dispute to adjudication within this window. MB Builders' Liens Act Sections 93 | 21 days | MB Builders' Liens Act Sections 93 |
Choose the prescribed notice
Form 1 is the owner's notice under section 90(2), due within 14 days after the owner is given the proper invoice. Form 2 is the contractor's notice of upstream non-payment under section 93(2); Form 3 is the contractor's own dispute under section 95(2). Forms 4 and 5 serve the corresponding subcontractor functions under sections 98 and 100, as extended to deeper tiers by section 101.
The forms require party identities and addresses, project identification, the owner-invoice date, the relevant invoiced and withheld amounts, and a dated signature. Form 1 also calls for the contract date and invoice issue date. Include every reason supporting an own dispute, and attach a received upstream notice where the applicable form requires its copy.
Upstream non-payment and undertakings
For a contractor, notice under section 93(2) is due within seven days after receiving the owner's notice, or before the 35-day payment period ends if no owner notice was received. It includes an undertaking to refer the upstream dispute to adjudication within 21 days after giving the contractor's notice.
At subcontractor tiers, section 98 and then section 101 apply the corresponding seven-day or unpaid-chain deadline. The undertaking exception requires both owner non-payment as the root cause and the contractor's undertaking to adjudicate. Owner non-payment alone is insufficient. A notice can legitimately state that no upstream notice was received; a missing upstream notice is not automatically a defect.
Own disputes and service
Under sections 95 and 100, the seven-day clock can start with either upstream payment or an upstream notice; where neither arrives, use the relevant unpaid-chain deadline. Do not apply an owner's 14-day clock to these forms.
Use the methods in regulation section 1.2. Ordinary mail is deemed received five days after mailing. Email and other electronic communication require the recipient's written agreement and confirmation of sending. The separate fax provision requires written agreement and use of the number supplied by the recipient. The general Act's registered-mail provision is not the prompt-payment service rule. Preserve the signed notice, attachments, agreement and delivery evidence.
Notice of non-payment in Manitoba: FAQ
Can I withhold merely because I have not been paid?
No. The applicable statutory notice, timing, contents, attachments and undertaking requirements must be met for the withholding exception. Undisputed amounts remain subject to payment obligations.
See the full Manitoba guide
Every deadline, notice and adjudication rule in one place.