BUILDER'S LIENS

You have registered a builder's lien,
OR…

A builder's lien has been registered against your property.

What do you do now?

A builder's lien is a claim against the owner and their property for money owing related to an improvement made to the land.

It can be registered by a contractor, subcontractor or supplier who has provided labour or materials to improve the land but has not received full payment.

This may occur because of a dispute over payment or deficiencies between Owner and General Contractor, the General Contractor and Sub-Contractor, or the Sub-Contractor and Supplier.

Builder's lien rights are statutory rights and in Alberta, the Builders' Lien Act defines the creation, registration, enforcement and lapse of a builder's lien.

Each Province has similiar, but different legislation governing builder's liens. This includes things like, when they are created, who is able to register a lien, and what deadlines must be met to protect and defend against a builder's lien.

Registering a builder's lien is not enough. Steps must be taken to preserve and enforce your lien.
If a lien has interrupted the flow of financing on your project, there are steps that you can take to protect yourself.
A member of our team is available to help you evaluate your options and determine a course best suited for you.
The failure to properly adhere to the specific requirements under the Builder's Lien Act means:as a lien claimant, your lien may not be valid; as an owner, you may be liable to pay twice for work done on your property.
The law surrounding builder's liens is complex. In order to protect your rights and minimize your liability you need experienced construction lawyers on your side.

There are costs associated with hiring a lawyer. You should hire a lawyer with experience in your legal matter.
However, we have found that the value of seeking counsel at the outset of a dispute is often far less costly than having lawyers resolve a matter through prolonged litigation later on.