Understanding Builders Liens in BC
Builders lien is a vital tool for ensuring fair payment and protecting the rights of those who contribute to improving the land. Whether you are a contractor, subcontractor, supplier, or property owner, understanding how the Builders Lien Act works can save you from costly disputes and delays.
What is a Builders Lien?
A builders lien is a legal claim that can be registered against a property by someone who has supplied labour or materials to a construction project but hasn’t been paid. It acts as a form of security, giving the claimant a stake in the property until the debt is resolved.
Who Can File a Lien?
Under BC’s Builders Lien Act, the following parties may file a lien:
Contractors hired directly by the property owner
Subcontractors hired by contractors
Workers (excluding architects and engineers)
Material suppliers
What are Some of the Key Deadlines and Procedures?
Timing is everything when it comes to builders liens:
Filing Deadline: A lien must be filed within 45 days of the earliest of:
Completion or abandonment of the project
Termination of the contract
Issuance of a certificate of completion
How to Remove and Dispute a Lien?
Property owners can remove a lien by:
Posting security (e.g., cash or bond)
Applying to court to cancel invalid or expired liens
Negotiating payment or settlement with the lien claimant
Construction Lien Law Firm
Builders liens are a powerful but technical remedy. Whether you're filing a lien or defending against one, legal advice is highly recommended. A misstep in timing or paperwork can mean the difference between getting paid and walking away empty-handed.
If you're navigating a construction lien dispute or want to safeguard your rights, contact Angela Cao directly at angela@queenstonelaw.com
NOT LEGAL ADVICE. Information made available on the Queenstone Law website in any form is for information purposes only. It is not legal advice. You should not rely on, or take or fail to take any action, based upon this information. We would be pleased to discuss any specific legal concerns you may have.
Although we attempt to keep the information on our site accurate and up-to-date, due to the ever changing nature of the law, as well as, the speed at which new cases are released, we cannot guarantee that the content is fully up to date or remains completely accurate.