A general contractor's failure to pay a $127,000 invoice for electrical work has placed a small electrical subcontracting firm in a precarious position that now involves multiple intersecting enforcement proceedings. The subcontractor, a sole proprietorship operating in southern Alberta for 11 years, completed rough-in and finish electrical work on a 24-unit residential condominium project over a 7-month period ending in March. The general contractor, a mid-sized construction company with ongoing projects across the region, accepted the work without reservation but did not remit payment within the 45-day terms specified in the subcontract. By June, informal collection efforts had failed, and by September, the subcontractor had obtained a default judgment in the Court of King's Bench for the full invoice amount plus prejudgment interest.
The judgment, however, has produced no payment. The general contractor continues to operate, with work crews visible on at least 3 active construction sites and a fleet of vehicles bearing company signage, yet claims through counsel that current cash flow does not permit satisfaction of the debt. The subcontractor's principal has begun investigating enforcement options and has learned that the general contractor maintains commercial banking accounts, holds receivables from project owners on ongoing work, and owns construction equipment including excavators, a crane truck, and various specialized tools. The question of which assets can be reached, through what mechanisms, and in what priority has become urgent.
Complicating the situation, the subcontractor is not only a creditor but also a debtor. A building materials supplier that provided electrical panels, wiring, and fixtures for the condominium project—materials totalling $38,500—obtained its own judgment against the subcontractor in July after the subcontractor fell behind on payment during the period when the general contractor's invoice remained outstanding. That supplier has now served a garnishment summons on the subcontractor's bank, and the subcontractor has received notice that a civil enforcement agency is preparing to execute a writ of seizure and sale against business assets. The subcontractor's business account contained approximately $14,200 at the time the garnishment summons was served, and the firm's assets include 2 work vehicles, specialized testing equipment, and inventory stored at a rented warehouse.
The subcontractor must now navigate the enforcement system from both directions simultaneously—pursuing collection remedies against the general contractor while responding to enforcement actions initiated by the materials supplier. Both matters raise questions about what can be garnished, what can be seized, what exemptions may apply, and whether the subcontractor can still register and enforce a builders lien against the condominium project to secure its claim before relevant limitation periods expire.