When is the deadline for builders' lien - registration by a contractor?
The catalogue records a 60 days period from Substantial performance or abandonment of the contract. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- Substantial performance or abandonment of the contract
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- NO extension power. Section 49(1): 'Every lien that is not duly registered under this Act ceases to exist on the expiration of the time allowed for registration under sections 43 and 44.' The lien is destroyed, not merely unenforceable.
- Substantial performance means the date on which a certificate of substantial performance is given to the owner under s 25 or s 46 (s 43(6)). Where the lien does not attach to land because the owner is the Crown, a Crown agency or a municipality (s 16), written notice to the owner under s 45(2) must be given within the same times (s 45(4)) and is the equivalent of registration. Time is computed under The Interpretation Act, CCSM c I80, ss 22-24, not under King's Bench r 3.01 - Saturdays are not holidays under s 23(1) and are rescued only by the office-closure rule in s 24(2). Corrected on verification: the entry gave no transitional warning. The 60-day period is only in force for events on or after 1 April 2025. Section 12 of SM 2023 c 30 struck out "40 days" and substituted "60 days" in ss 43(1), 43(2)(a) and (b), 43(3)(a) and (b), 43(4)(a) and (b), 43(5)(a) and (b) and s 44(a) to (e), and it came into force on 1 April 2025 under the "remainder of Act" proclamation published 1 November 2024 (proclamation table on the Manitoba Laws consolidation of CCSM c B91). A lien whose substantial performance or abandonment occurred before 1 April 2025 was governed by a 40-day period, and there is no express transitional provision resolving a period already running on that date.