b'BENCHMARKSWhile Bill 38 has received royal assent, regulations accompanyingthe legislation, which can clarify certain operational andadministrative aspects, have not been released. These are expected before implementation.include disputes subject to a notice oflegislation passed in 2019 did not comeOverall, after three previous unsuccessful nonpayment, failure to make payment ininto force until March 2022, and Albertaattempts at introducing prompt payment accordance with the legislation, disputeslegislation passed in 2020 took effect inand adjudication in Manitoba (2018, on the valuation of work and disputesAugust 2022.2019 and 2022), the new legislation over a change order (approved or not) orWhile Bill 38 has received royalnow appears imminent and is likely a proposed change order. assent, regulations accompanying theto be implemented in the near future. Once a dispute arises, the contractorlegislation, which can clarify certainConstruction industry participants should or subcontractor can unilaterally initiateoperational and administrative aspects,pay close attention to when the legislation adjudication, a fast-track process tohave not been released. These arewill come into effect. have disputes decided within shortexpected before implementation.The lawyers at MLT Aikins have the timeframes (typically 30-45 days).Additionally, the creation of theexperience and knowledge to assist you Adjudication decisions are consideredAdjudication Authority, which overseesduring each phase of your project, from interim and binding and must bethe administration of the adjudicationcontract drafting and negotiation through to paid within 10 days (with limited rightsprocess, must still be completed any disputes. The information in this article of judicial review for matters such asbefore the adjudication system is a general summary and is notbias or fraud). However, even after thebecomes operational. legal advice.adjudication award is paid, decisions can be overturned in a later court or arbitration decision over the same subject matter (which is treated as aCUSTOM DESIGN.completely new hearing rather than an appeal of adjudication decision). HIGH SPEEDPractically speaking, the major changeINSTALLATION.from this pay now, fight later system is altering the typical situation in a dispute, where the party higher on the construction pyramid uses the ability to withhold payment as leverage in a dispute with the unpaid party. If a party obtains an early adjudication award, the leverage situation is flipped.To accommodate the requirements of these two new systems, Bill 38 extendsMUROXthe lien registration timeline from THE PREFABRICATED BUILDING ENVELOPE SYSTEM THAT SETS the current 40-day period to a YOUR IMAGINATION FREE60-day period.TIMELINE FOR IMPLEMENTATIONOur prefabricated building system includes the building envelope, the steel STILL UNKNOWN framing, as well as the load-bearing panels. Components are delivered The legislation moved quickly throughconstruction-ready to your jobsite. Murox reduces commercial, industrial,Manitoba, being first introduced inand institutional build times by up to 50%. Experience Murox.March 2023 and given royal assentYoull never look back.on May 30, 2023. The new legislation comes into force on a date yet toMUROX.combe announced. Experience in other1-866-GO MUROXprovinces has previously seen lengthy4 6 6 - 8 7 6 9delays in implementation: Saskatchewan Issue 2 | Summer Edition | 2023 BUILD MANITOBA 27'