b'BENCHMARKSowed to it under a proper invoice, the Commission5.The adjudicator will have the authority to issue directions,recommends that the legislation require the contractorand make binding determinations.to pay each subcontractor from the amount receivedBecause Manitobas industry is smaller than Ontarios, the for amounts properly invoiced. If the payer has notCommission suggests that Manitoba consider seeking made it clear who is considered at fault for the paymentopportunities to partner with other provinces or the federal deduction, the Ontario rules require that the partialgovernment to ensure an adequate number of adjudicators payment is to be distributed rateably.are available.7. nterest on Payments Delayed. The CommissionIt should be noted that the prompt payment provisions and Irecommends that the Act impose an interest rate, but thatthe interim adjudication process are only two components the parties should have the ability to agree to a differentof the Commissions non-binding recommendations for interest rate in the contract.the government. Although the Manitoba government INTERIM ADJUDICATION is not bound to accept any or all of the Commissions The Commission has also recommended that Manitoba createrecommendations, it appears likely that the Manitoba a private adjudication system with regulatory oversight toconstruction industry will see a major reform in the Act in the determine payment disputes similar to the one that will comenear future.into effect in Ontario on October 1, 2019. Key features of theJohn B. Martens is a partner in the construction law practice proposed interim adjudication process would include that: group at MLT Aikins LLP. Reach him at jmartens@mltaikins.com or (204) 957-4856. 1.Parties to a contract or subcontract may refer a disputeDaryl A. Chicoine is a partner in the constructionto adjudication prior to completion of the contract law practice group at MLT Aikins LLP. Reach him ator subcontract. dchicoine@mltaikins.com or (204) 957-4605.2. The nature of the dispute may involve a range of issuesNote: This article is of a general nature only and is not including disputes that are the subject of the Notice ofexhaustive of all possible legal rights or remedies. In addition, Non-payment, set-offs, liens and holdbacks. laws may change over time and should be interpreted only 3.The timelines for the adjudications are to be very short. in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal 4.To be included on a registry, an adjudicator must meetadvice or opinion. Readers should consult a legal professionalcertain requirements and have completed certain training. for specific advice in any particular situation.FOR GUARANTEED ROOFING SYSTEMS INSTALLED BY PROFESSIONALSSERVICE CONTRACTORS ALLIANCES YOU CAN COUNT ONWinnipeg: BROCK WHITEALLIED ROOFING 204-415-3012 CONVOY SUPPLYCIVIC ROOFING 204-509-0970 CROSIER KILGOURFLYNN CANADA 204-756-6951 GARLAND CANADAM.J. ROOFING204-586-8411 IKO MANITOBA LTD.MASTER ROOFING 204-942-4503 MCMUNN & YATESNORMANDEAU 204-654-3222 PATENE BLDG SUPPLYNORTHWESTERN 204-694-3694 PLASTI FAB LTD.NORWIN ROOFING 204-338-9386 QCA BLDG ENVELOPEOAKWOOD ROOFING 204-237-8361 ROOFMARTTRANSCONA ROOFING 204-233-3716 SOPREMA INC.Brandon: SOURCE ATLANTICFLYNN CANADA 204-726-4207 SPAR-MARATHONM.J. ROOFING 204-726-9397 STAR BUILDING 204-233-8687 16 SPEERS RD, WPGwww.rcam.ca STARBUILDING.CAIssue 1SpringEdition 2019 BUILD MANITOBA 25'