Amount of the Lien





Can a bonus written into the terms of a contract be claimed as part of the lien?





What is the maximum amount that can be claimed against a purchaser’s interest?





What can be included in the amount of the claim of builders lien?

Certificates of Completion





Can multiple certificates of completion be issued for the same contract based on different portions of the work?





Who is the payment certifier?





When can a certificate of completion be issued?





Who can request a certificate of completion?





What is a certificate of completion?

Costs of Filing a Lien





How much does it cost to file a claim of lien?

Deficiencies





There are a lot of deficiencies in the work. Can extra money be held back from the contractor to ensure the deficiencies are corrected?





The contractor has defaulted on his contract and the owner hired a new contractor to finish the first contractor’s work. Can the owner use the holdback money retained from the first contractor to pay the second contractor?

Enforcing the Lien





Can a law suit to enforce a claim of lien be brought in any registry of the Supreme Court of British Columbia?





Can a subcontractor enforce its claim of lien when the contractor who engaged the subcontractor does not complete its contract?





How long does a claim of builders lien last?





Can a law suit to enforce a claim of lien be filed in the Provincial Small Claims Court?

Federal and Provincial Crown Lands





Can a claim of lien be filed against land owned by the provincial government?





Can a claim of lien be filed against land owned by the federal government?

Lien Claimants





Can a material supplier claim a builders lien, even if it does not provide labour?





How much does it cost to file a claim of lien?





Are there penalties for improperly filing a claim of lien?

Notice of Interest





What is a Notice of Interest?





Can a claim of lien be filed against a registered lease?

Penalties





Are there penalties for improperly filing a claim of lien?

Removal of Claim of Lien





What happens if money has been paid into Court under s. 23, and further claims of lien are filed claiming through the same contractor?





Doesn’t s. 23 allow an owner to get a windfall by getting rid of all liens by paying only 10% of the contract value into Court?





How do you remove a claim of lien filed on the wrong property?





How long does a claim of builders lien last?





Can the owner get a lien off title without just paying the lien claimant?

Right to Information





Can anyone obtain a copy of the Certificate of Completion?





In addition to information requested regarding the Certificate of Completion, what information is a lien claimant entitled to under the Builders Lien Act?

Standard Form Contracts





Does the standard form CCDC 2 contract address all Builders Lien Act issues which can arise?





Does a CCDC 9A Statutory Declaration provide complete protection to an Owner who pays out based on it?

Strata Property





I’m buying a new condo. How much do I have to holdback from the seller?





Is filing a claim of lien against strata property different?

The Holdback





I’m buying a new condo. How much do I have to holdback from the seller?





What is the holdback?





How is the holdback kept and dealt with?





When must the holdback be released?





What steps should an Owner take before paying out the holdback?





The project has been ongoing for quite a while and there is a lot of money in the holdback account. Who is entitled to the interest that has accrued to the holdback?





The contractor has defaulted on his contract and the owner hired a new contractor to finish the first contractor’s work. Can the owner use the holdback money retained from the first contractor to pay the second contractor?

Time Limits





What is the time limit for filing a claim of lien?





How long does a claim of builders lien last?

Disclaimer:

This FAQ section is for informational purposes only, for the convenience of our visitors. While these questions and answers are about legal issues, they are not a substitute for consultation with a lawyer, and should not be relied on as a basis for any legal decision. As with anything of a legal nature, different circumstances can create different results.