Builders Liens
Did the general contractor you are working for or supplying materials to fail to pay you?
The lawyers at Dyson Law have decades of experience effectively helping construction businesses with their builders lien claims.
The Builders Lien Act protects architects, engineers, workers, material suppliers, contractors and subcontractors, by giving them security over the bills for work done or materials supplied to a building site. The Act also provides a mechanism for landowners (including property developers) to limit their exposure to claims by subcontractors who have not been paid by those who hired them.
The security involves a lien over the lands on which the work is done or over materials supplied.
You may also have a lien over any holdback “trust” monies retained by the owner of the lands. The lien over the holdback “trust” monies is called the “Shimco Lien.” This lien over the holdback money can only be perfected (i.e., carried out) by advancing a lawsuit in the Supreme Court of British Columbia.
The owner of the property and any head contractor often is more willing to negotiate the payment of your invoice if your unpaid account is protected by a builders lien. If filing the lien is not enough and there is still a dispute, then you can file a claim in court to enforce the lien. You have only one year to file this court claim from the date your lien was filed.
The rules for filing and enforcing a lien require strict compliance. If a step is missed, a document is not filed correctly or a time limit is missed, your security for your hard work or material supplied at your cost may be gone.
There are also very quick time limits that must be observed if you wish to successfully use liens to get paid.
We also offer comprehensive service in construction law including document review, negligent work and contractual disputes.
At Dyson Law, we provide quick, skilled, cost-effective service to the construction industry.
