2023 Decision (ABKB 471)

• The dispute concerned $311,164.27 paid into court under the Public Works Act (PWA).
• Dawson Wallace Construction Ltd. (DWC) was the general contractor and hired D’Amani Stucco Solutions Inc., which subcontracted Eko Wall Systems Ltd. (Eko) and Adexmat Inc. (Adexmat).
• D’Amani abandoned the project, leaving Eko ($160,000) and Adexmat ($151,164.27) unpaid.
• The court ruled Dawson Wallace was not automatically disqualified from claiming the funds.
• However, entitlement was not determined due to insufficient evidence, and all applications were dismissed, allowing further proceedings.

2025 Appeal Decision (ABKB 124)

• Dawson Wallace appealed, arguing only contractors or those claiming through them are entitled to PWA funds.
• Eko and Adexmat argued their claims should be allowed as subcontractors.
• The court allowed Dawson Wallace’s appeal and dismissed Eko and Adexmat’s claims.
• Relying on AGT and Opron, the court ruled only contractors or their direct assignees can claim PWA funds, excluding lower-tier subcontractors.
• Final Outcome: Dawson Wallace was awarded the full $311,164.27, and Eko and Adexmat received nothing.

This decision confirms that PWA funds can only be claimed by direct contractors or their direct claimants, not sub-subcontractors.