b"FROM OUR PRESIDENTPrompt Payment in ManitobaThird Time's the Charm?On March 16th, 2022, the Province of Manitoba introduced Bill 28The Prompt Payment for Construction Act. Bill 28 closely resembles Bill 245, a similar private members bill that quietly died in June 2019 when the house rose in advance of thelast election.Legislation prescribing payment terms has been widely adopted in most industrialized countries and in recent years has been introduced in Ontario, Nova Scotia, Saskatchewan and Albertawith B.C. not far behind. Manitoba's construction industry has been squarely behind the notion of prompt payment legislation despite some minor disagreements around thedelivery model.In the fall of 2019, WCA put together a small task force to review Bill 245 and drill into the definitions, timelines, triggers and dispute resolution. Along with our industry partners, we will be conducting a similar review of Bill 28 and will present our comments during the legislative committee stage. This task force will also have to carefully consider how this legislation interacts with the existing Builders Liens Act.Prompt payment legislation stipulates a payment timeline once an invoice has been provided, requires rapid payment certification and establishes timelines for the money to flow down to the trades. This legislation also provides for situations where an owner has not provided a progress draw to the prime contractor and where the prime elects not to pay the subs after providing notice. Parties involved will have access to rapid adjudication of payment disputes and, ultimately, the ability to suspend work if an adjudication decision results in further payment delay. We are looking for a robust industry discussion on this topic and to finally advance this legislation in Manitoba.Adjudication will be a very significant component of prompt payment legislation and will ultimately determine its success. The important next steps include the creation of an Adjudication Authority, recruiting and training adjudicators, and ultimately operating the entity. Fortunately, Ontario and Saskatchewan are further down the adjudication road, so we can learn fromtheir experiences.Interesting times ahead!Ronald Hambley, President8 BUILD MANITOBAwinnipegconstruction.ca"