What is the Builders Lien Act?

The Builders Lien Act sets out rights and remedies available to individuals who work on or supply for constructions projects. Specifically, to ensure that payments from individual workers and suppliers are made and received. If you have completed or worked on a construction project and have not received payment you may want to consider filing a builders lien to secure payment of your services..

When Can You File A Builders Lien?

As set out in section 20 of the Builders Lien Act, you have 45 days to file a builders lien from:

1. The date on which a Certificate of Completion is issued;
2. If no Certificate of Completion has been issued, the date the head contract has been completed, abandoned or terminated; or
3. If the owner did not engage a head contractor, the date the improvement is completed or abandoned.

A lawyer can submit your lien application online and ensure the timelines under the Builders Lien Act are met. It is advised you file the builder’s lien as soon as possible and at least 3 to 4 days before the 45-day deadline. 

How Do You File A Builders Lien?

You will need to complete Form 5 under the Builders Lien Act and then register it at the appropriate Land Title Office. In order to complete Form 5 you will need to provide the following information:

1. The address of the property on which you are seeking to register a lien against;
2. A general description of work done or materials that have been supplied;
3. The name of the individual who engaged you to complete work or supply the project; and
4. The amount owing or amount that will become due.

What To Do Once You Have Filed A Builders Lien?

Once you have filed a builders lien you have one year from the date your lien is filed to start a court action by filing a Notice of Civil Claim in BC Supreme Court and a Certificate of Pending Litigation. However, if you receive a Notice to Commence an Action, the one-year deadline is shortened to 21 days from the date you received the Notice to Commence an Action. It is always advised that you seek legal advice well in advance of the deadline to ensure that you are filing in time. 

If you do not start a claim within the one-year period or the 21 day period in the event a Notice to Commence an Action is received, then the lien can be removed from the property for failure to meet the requirements.

If you require assistance with filing a builders lien or commencing a court action because of the builders lien, contact our team to set up a consult with one of our construction lawyers.