Builders Liens

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SHK’s construction team has been providing expert builders lien advice for over four decades.

The Builders Lien Act is one of the cornerstones of construction and insolvency law in British Columbia.  The Act protects participants in a construction project, including architects, engineers, workers, material suppliers, contractors and subcontractors, by giving them several forms of security for payment for work done or materials supplied to a building site, most notably a lien on the land. The Act also provides a mechanism for building owners to limit their exposure to claims by subcontractors who have not been paid by those who hired them.

While the remedies offered by the Act are significant, the rules and procedures for filing and maintaining a lien are complex and the legislation requires strict compliance in order to benefit from its provisions. Several steps are required to perfect a builders lien, and each requires consideration of entitlement, registration, preservation and enforcement. Within these steps lay many additional complexities, including calculation of time in the face of multiple triggering events, holdback release and Shimco entitlement.

Our substantial knowledge, breadth of experience and industry participation through the BC Builders Liens Practice Manual and the Builders Lien Reform Project are the reasons we have developed a reputation that is second to none in this complex area.