Are you having trouble getting paid for contracting or construction work you’ve completed? Has a project you were working on been abandoned halfway through construction, leaving you without the money you were promised? Have you been refused payment for work that a general contractor has claimed was subpar or incomplete?
In Edmonton and Alberta, these types of payment disputes and more often arise during construction projects. This is especially true when the project involves a multitude of stakeholders, contractors, subcontractors, suppliers, and owners. When it happens to you, a builders’ lien can be a powerful tool for securing the payment you are owed.
At Verhaeghe Law, our experienced builders’ lien lawyers in Edmonton provide comprehensive legal support for both lien claimants and property owners. We can help you protect your financial interests and keep your projects on track, no matter the situation. To schedule a consultation with our team, contact us online or call our Edmonton office at (587) 410-2500 today.
What is a Builders’ Lien?
A builders’ lien is a legal document filed through the provincial court that holds a developer or general contractor accountable for construction work that has been done. By registering for a builders’ lien, a claimant can secure any payment they have not received for the work they have completed. They may also potentially force the sale of the property they worked on if payment is not received. Builders’ liens were introduced in Alberta through the Prompt Payment and Construction Lien Act, which outlines specific rules and deadlines that must be followed for a lien to be enforceable.
Builders’ liens can be filed for large industrial projects or small home renovations, so long as the work is considered a fixed ‘improvement’ to the property. A lien applies to both completed projects and to those that have been abandoned before completion. Work that is not fixed to the property (such as improvements that are mobile or that can be removed from the property) is not eligible for builders’ liens.
What’s the Difference Between a Construction Lien, a Mechanics’ Lien, and a Builders’ Lien?
The short answer is that they’re all the same thing. Liens simply have a different name depending on the province. In Nunavut, Newfoundland, Nova Scotia, New Brunswick, PEI, Yukon, and the Northwest Territories, they are called mechanics’ liens. In Ontario, they can be called either mechanics’ liens or construction liens. And in Alberta, British Columbia, and Manitoba, they are called builder’s liens.
How Do You File a Builders Lien in Edmonton?
Filing a builders’ lien involves several steps, each of which must be completed in a timely manner to secure your claim. Key steps during the filing process include:
- Calculating Your Timeline: Builders’ liens must normally be filed within 45 days from the last day you provided services or materials. This time can vary based on the type of project. If you are unsure about your timeline or situation, contact an Edmonton builders’ lien lawyer.
- Preparing Documentation: Gather all the invoices, contracts, and records of your work that you have to support your claim.
- Registering Your Lien: You must file your lien at the appropriate Land Titles Office in Alberta. To ensure that you have completed your registration accurately and you are submitting your claim to the correct location, you should consult with a legal professional.
Although it’s possible to file a builders’ lien independently, it is not usually advisable. Like many areas of law, the legislation that governs builders’ liens is not straightforward. Unfortunately, it is possible to file a false claim and wind up dealing with legal fees from the company you’ve taken the lien out against. In addition, if you file your lien improperly, you may lose your eligibility altogether.
Who is Eligible to File a Builders’ Lien?
In Alberta, builders’ liens can be filed by a variety of parties involved in a construction project. These include:
- General contractors
- Subcontractors
- Material suppliers
- Engineers
- Architects
- And more
If you’re considering filing a lien, consulting with a builders’ lien lawyer in Edmonton can help you understand your rights and ensure that your claim complies with Alberta’s legislation.
How Can Our Lawyers Help With Your Builders’ Lien?
Navigating the builders’ lien process can be complex and time-sensitive. Our builders’ lien Lawyers in Edmonton bring in-depth knowledge of Alberta’s construction laws and a commitment to protecting your finances. Whether you’re looking to secure payment for work you’ve completed or you’re an owner who needs help resolving a lien dispute, we can help.
Our legal services include:
- Legal Advice on Lien Requirements: We help you understand your eligibility for liens, deadlines, and what steps you need to take to secure payment.
- Lien Registration and Documentation: Our builders’ lien lawyers will help you file all the documents you need accurately and on time. This way, you can reduce the risk of your lien being invalidated.
- Dispute Resolution: Our team strives to resolve lien disputes out of court with our skilled negotiators. We do this to help you save time and money.
- Litigation Support: If litigation is necessary for your situation, we will represent your case to secure and protect your rights to fair compensation.
Contact Our Edmonton Builders’ Lien Lawyers Today to Discuss Your Legal Options
Whether you’re filing a builders’ lien or facing a lien dispute, Verhaeghe Law is here with the skilled legal support you need. Our builders’ lien lawyers in Edmonton understand the urgency and importance of securing the payment you’re missing.
Our team has litigated developers and taken dozens of court cases to trial. If you want our experience on your side, call our Edmonton office at (587) 410-2500 or schedule a consultation with our lawyers online today. We’ll walk you through every step of the process and help you get paid.