Case # 35777
Stuart Olson Dominion Construction Ltd., formerly known as Dominion Construction Company Inc. v. Structal Heavy Steel, A Division of Canam Group Inc. (January 19, 2015)
The appellant was the general contractor and the respondent its subcontractor in the structural steel work required for a new stadium construction. The respondent filed a builder’s lien against the stadium property for the full amount of
past due and future invoices. The appellant deposited a lien bond for the full amount of structal’s lien claim. Structal then discharged its lien, but continued to seek payment from dominion for the monies owing for its subcontract work. The appellant refused payment arguing that the lien bond fully secured structal’s claim. The appellant claimed the lien bond extinguished its obligations under the trust provisions of manitoba’s builders’ lien act.