Builders Liens and Construction Disputes

Builders Liens and Construction Disputes

Construction projects are often at the center of commercial litigation disputes. Whether it’s a subcontractor trying to secure payment from a large developer for work performed or materials supplied to a project, a builder seeking to limit its liability for the incompetency of a contractor, or a general contractor losing money and profits because of delays caused by the project owner or its sub-trades, disputes in this area can often be complicated and overwhelming to those unfamiliar with the relevant legislation and court procedures governing this area of the law.

The Builders Lien Act is the primary piece of legislation regulating the construction industry, and understanding its unique and often confusing provisions (and how courts have interpreted these provisions) is often the difference between financial success and significant loss.

Filing a Builders Lien may seem quite simple; but enforcing or defending against a lien claim is quite another matter! Furthermore, there are specific hard deadlines that must be met for filing the lien and for taking additional lien enforcement steps. The owner, general contractor and subcontractors all have extensive rights, protections and obligations under the Act that may arise or become relevant depending on the circumstances. And although the Builders Lien Act provides for resolving lien-based disputes in an expedited manner, this is only possible with a carefully planned and executed litigation strategy.

Our lawyers have successfully litigated several Builders Lien matters ranging from residential construction projects to successfully collecting payment for a mid-size sub-contractor against one of Canada’s largest oil sands companies – click here to view Hamil v. CNRL

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

 

Recent Published Decisions

Represented subcontractor in the enforcement of its lien for off-site work against one of Canada’s largest oil sands producers.

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