Alberta Builders’ Liens: Calgary lawyersJeff Kahane2018-03-11T20:13:09+00:00
Getting Paid For Work You have Done 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?
A builders’ lien is a registration, which is allowed under Alberta Law, and that will 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.
What Work Has To Be Done To 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 is considered 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 it is not done right and it has to be resubmitted, if you are then past the 45 days, you are still not able to use the lien system. This is why a law firm can help you with registering liens properly. You are still able to sue in Provincial Court or the court of Queen’s Bench.
The second limitation is 180 days after the lien is registered. If you have not started a court action, the lien will drop off the title.
What Information Is Required To Register A Lien
The full legal name of the person or company that is registering the lien;
The proper legal description of the land the improvements were made to;
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 being claimed;
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 was last completed at the land;
The total amount that is being claimed under the lien; and
The address that paperwork may be served for the person registering the lien (an Alberta Address).
How Is A Builders Lien Removed
There are a number of ways that a Lien can be removed in Alberta. They may be discharged after payment is made, a court may remove the lien if the lien fund is paid into court, they will fall off after 180 days from the filing of the lien. If you placed a lien on a property, you are responsible for discharging the lien once payment has been made.
Calgary Lawyers Legal Help With Builders’ Liens
Call today. We are here to help either file a builders’ lien for you or draft your claim to keep the lien on the title. We also represent property owners for having liens removed. Make sure you get proper representation when it comes to Alberta Builders’ Liens. You can reach us in Calgary, Alberta403-225-8810 locally or email us directly here.