Liens

Steps in a British Columbia Builders Lien Action

Submitted by Michael Dew on Sat, 2011-03-12 09:31

Liens

The following outlines the steps involved in a typical builders lien action in British Columbia, and is designed as a follow up article to Overview of British Columbia Builders Liens.

This outline is necessarily brief, does not cover all issues, and certainly does not provide all of the information needed to prosecute or defend a lien action. Builders liens law is a technical area of law and both lien claimants and owners should seek legal advice to protect their rights.

Step 1 – Check the time limits

Builders liens must be filed within strict time limits to be valid. Generally, a lien must be filed within 45 days of the earliest of the following triggering events:

The certificate of completion for the contract of the lien claimant, or of any contract up the chain from the lien claimant (including the head contract). If certificates of completion are not issued (often the case on small jobs) then this triggering event may not apply.
The head contract is abandoned or terminated.
The entire project is completed or abandoned.

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