Builders’ Liens

Navigating the technical complexities of builders’ liens is tricky for all sides of a construction project. Depending on the situation, builders’ liens can be used as a valuable form of contract security or can be a complication that should be avoided. Whatever the circumstances, lien requirements must be respected and properly managed.

With a long history of skill on both sides of the table, the construction law group at McLennan Ross helps our clients navigate the complex regulatory and legal framework of builders’ liens with clear and cost-effective advice and personal service.

We assist owners, developers, lenders, contractors, sub-contractors, construction managers, suppliers, and labourers in resolving construction holdback issues and lien claims to help keep construction projects on time and on track.

Builders’ liens can protect contractors, sub-contractors, labourers, and suppliers involved in a construction project and are enforceable when there is a case of non-payment. While a lien is an important form of security and can sometimes provide the only security for payment when a debtor becomes insolvent or refuses to make payment, it does not guarantee payment. There are many reasons why lien claims can be invalidated, along with situations when lien funds are insufficient to pay off all lien claimants. Our team of experienced construction lawyers regularly assist clients in avoiding the pitfalls that can occur with builders’ liens. We guide our clients through builders’ lien processes and mechanisms with clear and concise advice and advocacy.

Practical advice you can count on.

We assist with builders' liens and associated issues, including lien registration, enforcement, and removal. We help with determining the lien fund and sorting out priorities among competing creditors. Our lawyers stay up-to-date and current on any new and changing legislation and make sure our clients stay on the leading edge of the construction industry. We help our clients navigate any changes that may affect their businesses, including Alberta’s Builders’ Lien (Prompt Payment) Amendment Act, 2020, and other applicable legislation affecting Western Canada.

Contact us today for any assistance or questions with builders’ liens. We’re always here to help.