Builders Liens Lawyer

Whether you are a contractor, subcontractor, supplier, construction company, or oil and gas firm, navigating the complexities of builders’ liens is tricky. Our builders’ lien lawyers at civil litigation law firm in Edmonton are here to help you through the process and ensure you receive payment or the lien is removed.

Book a civil litigation consultation

What is a Builder’s Lien?

A builders’ lien is a special statutory right that allows contractors, subcontractors, suppliers, and other parties entitled to payment to make a claim for unpaid services or materials respecting land they helped improve. Builders’ liens are an effective form of recourse if these parties are not paid, as they exert pressure on the owners of the liened lands to ensure valid accounts are honoured and repaid within a reasonable period of time. Registering a lien against a property immediately secures a legal interest in the property and prevents the owner from selling or mortgaging the property until the lien is cleared from the title.

What is Required to Register Builder’s Liens?

A lien registered at the Land Titles Office must include the following:

The name and residence of the lienholder, the owner, and the person for whom the work or materials were being complete;
The date when the work was completed or the last materials were furnished, or a statement that the work has not yet been completed or the materials have not yet been furnished;
A description of the work or the materials;
The total amount claimed;
A proper description of the land and estate or interest in the land to be charged; and
An address for service of the lienholder.

How to Register a Lien

The lien registration period starts the first day that services are provided or materials are supplied and continues for the entire length of the project until there is a termination trigger. Once there has been a termination trigger, a lien claimant must register a lien at the Land Titles Office within 60 days (following the 2022 Amendments, or 45 days prior to the Amendments) or 90 days, depending on the nature of the work.

How to Enforce a Lien

While a lien is an important form of security, it does not guarantee payment. A lienholder must commence an action to realize on the lien by filing a statement of claim and registering a certificate of lis pendens at the Land Titles Office within 180 days of registering the lien. A court will either validate or discharge the lien, determine the size of the lien fund, and order the appropriate disbursement of the lien fund to each validated lienholder.

How to Remove A Builders’ Lien

There is a variety of ways to remove a builders’ lien from the title of a property, and our lawyers can assist you with them all. Most commonly, a lien will be discharged after tendering complete payment to the person or company who performed work or supplied materials towards the improvement of the property. It may also be removed following a court order upon payment of the lien fund into court. A builders’ lien will be declared invalid after 180 days from the date of filing the lien. To learn more about how to remove a builders’ lien, contact one our experienced lawyers today.

How Our Builders Liens Lawyer Edmonton Can Help

Our builders’ lien lawyers have decades of experience in assisting clients with builders’ liens and related issues. We help contractors, subcontractors, suppliers, and other parties entitled to payment register the builders’ lien or draft a claim to keep the lien on the title. We also assist property owners to remove the lien from their property and ensure it is properly discharged from the title. Our lawyers stay up to date on all new legislation, including the Prompt Payment and Construction Lien Act. We make sure our clients are well-equipped to make informed decisions in the dynamic construction industry. We also ensure our client’s legal rights are protected. Call Forum Law today to find out how one of our experienced builders’ lien lawyers can assist you with a builders’ lien or an associated dispute.

Services we provide

Civil Litigation also involves various statutory timelines that could have a significant impact on your ability to sue or defend a lawsuit. Do not wait to contact our team to determine if a civil litigator is right for you.

We represent both Plaintiffs and Defendants for the following services:

General litigation

Employment law, including wrongful dismissal, employment contracts, and severance packages

Construction and Real Estate Litigation, including Builder’s Liens

Corporate Litigation, including company disputes, director and shareholder rights, and “partnership” disputes

Foreclosures

Debt collection

Contract disputes

Common Types of Small Business Lawsuits

Breach of Contract
Disputes with employees
Intellectual Property Infringement
Product Liability

Breach of Contract
Disputes with employees
Intellectual Property Infringement
Product Liability

Civil lawsuits typically touch on issues involving breach of contract, commercial litigation, debt collection, property dispute, or perhaps a contractor who has not been paid for the work completed.

If you are served with a Statement of Claim or are contemplating filing a civil action, please make it a point to talk to Forum Law before you take any further action.

Steps in Civil Litigation

Preliminary

As a preliminary step, you may want to get the best advice on what kind of claim you can file in court or whether you even have a claim at all. After that preliminary advice, you may then be advised to file your complaint in court. The complaint in a civil process and the type of statements or counter statements that could be filed to explain your case are known in law as pleadings.

Discovery

This refers to the formal process the parties to a lawsuit go through to exchange documents about the witnesses and evidence they will present at the trial. This furnishes the parties with information about evidence the other side intends to rely on to prove their case in court. At this stage, depositions or sworn out of court oral testimonies may be needed. Forum Law can you navigate through this process.

Trial

The parties are required to present the facts of the case to the court. The rules of court stipulate what kind of evidence is acceptable. There are boundaries both parties cannot cross and when these boundaries are not adhered to, the evidence may be excluded by the court.

The Verdict

During civil cases sometimes tried with a jury, the jury ultimately determines who gets to win or lose and any resulting liability or damages. The jury in such instances determines the relevant facts and law before reaching a final verdict.

BUSINESS CIVIL LAW LITIGATORS

We are law litigators who have appeared in all three levels of Alberta courts: Provincial Court, Court of Queen’s Bench, and Court of Appeal. Our lawyers have nearly 60 years of courtroom experience between them and frequently appear before prominent Alberta judges.

SEE OUR LAWYERS