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?

What Is A Builder's Lien?

  • 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.

Do You Really Need A Lawyer To Deal With This?

  • 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. 

Why Call Goodfellow & Schuettlaw?

  • 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.

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Phone

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