construction; real estat;, buidler's lien; alberta; lawyer; Alberta Builders’ Liens

Builder’s Lien In Alberta

Getting Paid For Work You Completed In Alberta

There is nothing worse that working for someone and not getting paid. Alberta Builders’ Liens help ensure that you do get paid. The Builders’ Lien Act is legislation that allows contractors, sub-contractors, labourers and suppliers to protect their interest in work done as against a piece of real estate. There Act does have a lot of very specific rules. Alberta Builders’ Liens must follow these rules. Failing to follow these rules may make you lose your ability to lien. Keep reading to learn more or contact the Builders’ Lien Lawyers at Kahane Law Office in Calgary Alberta.

What Is A Builders’ Lien?

Alberta Builders’ Liens are a form of registration on the title to a property. Alberta law allows for them in specific legislation. The Alberta Builders’ Liens stand against title to protect specific interests. A builders’ lien is different than a caveat in that a caveat may only be registered against property if there is an agreement in writing. It is a charge to protect for money owed for anyone who has improved a piece of property. Since legislation creates this protection, following the exact requirements under the law form a key part of Liens.

Work Required To Validly Register A Lien?

In order to qualify under the Act to be able to register a Builders’ Lien, you must have done or contributed to some kind of improvement to a specific piece of real estate property. An improvement can range from supplies materials to build on a property, digging a foundation or constructing a home. Any provision of work or materials to improve the land/property falls under the category of an improvement to the property. With an improvement, Alberta Builders’ Liens are an option.

Key Time limitations Alberta Builders’ Liens

There are two key time limitations in Alberta with respect to Alberta Builders’ Liens. The first is that a lien must be registered within 45 days of the last time improvements were made to the property. Once 45 days has past, if you have not filed a lien, you are not able to utilize the Builders’ lien system. If you try to register a lien but you fail to register the lien correctly and it the lien required re-submission, if you are then past the 45 days, you are still not able to use the lien system. This is why a law firm helps you with registering liens properly. However, if the liens fails, still still retain the ability to sue the home or landowner in Provincial Court or the court of Queen’s Bench. We determine which court based on the value of the work or materials claimed.

Learn about starting an action to preserve your lien here.

The second limitation is 180 days after the registration of the lien at the Alberta  Land Titles Office. If you have not started a court action, the lien will drop off the title.

What Information Is Required To Register Alberta Builders’ Liens

  • The full legal name of the person or company that is registering the lien;
  • The proper legal description of the land to which the claiming party made improvements;
  • Full legal name of the owner of the land. (Owner has a different meaning than the traditional sense in builders’ liens);
  • The type of interest claimed by the lien holder;
  • The type of work, services or materials that improved the land;
  • The full legal name of the party that contracted for the services and their address;
  • The date that work completion last occurred at the land in question;
  • The total amount validly claimed under the lien; and lastly
  • The address for service for the paperwork with respect to the person registering the lien (an Alberta Address).

How To Remove A Builders’ Lien

A number of mechanisms exist to remove Builders’ Liens from the title to a property in Alberta. For example, some methods include:

  • The liens discharge after tendering of full payment to the person or company completing the improvement;
  • Alberta Courts issuing an order to remove the lien upon the payment of the lien fund into court; and
  • Their automatic removal after 180 days from the filing of the lien.

If you placed a lien on a property, the responsibility for discharging the lien once payment remains your liability. Failing to due so attracts liability to the individual or company that registered the lien. The reason for this is that the lien continues to prejudice the title to the property without valid reason.

Calgary Lawyers Legal Help With Builders’ Liens

Please feel free to call Kahane Law Office today for the help you need. We help trades and material suppliers to either file a builders’ lien for you or draft your claim to keep the lien on the title. In addition, we also represent property owners for removing liens from their property. Make sure you get proper representation when it comes to Alberta Builders’ Liens. You can reach us in Calgary, Alberta 403-225-8810 locally or email us directly here.