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Builders’ Liens

We have experience representing all parties in construction projects when a lien is registered. This includes representing owners, general contractors, and subcontractors and the nature of our work is different, depending on who we represent.

For Owners

We represent owners (both residential and commercial) when a lien is filed against your property. Often, a lien is filed by a subcontractor that you thought had been paid and may even be filed by a party you didn’t even know had worked on site. The priority is removing the lien and ensuring the rest of the Project continues without delay.

For General Contractors

We represent general contractors who are faced with liens registered by subcontractors, or who register liens themselves when the owner fails to pay. Disputes often arise when there are changes or additions to a contract (commonly known as “Extras”.) Here, the priority is assessing the validity of the lien, determining the proper amount owing, and ensuring the proper party pays those amounts so your work can continue and the Project can be completed on time.

For Subcontractors

We represent subcontractors who are not promptly paid for the work they perform. Often subcontractors are only paid after the general contractor receives payment and is therefore left with significant uncertainty when payment will be issued. In other cases, subcontractors are shortchanged and paid less than the full amount owing. Our priority is identifying the correct amount owing and pushing the other parties to issue payment in full and on time.

Regardless of your role on a construction project, Builders’ Liens are simply one of many tools available to resolve disputes. The lawyers at Carbert Waite have significant experience in all aspects of Builders’ Liens and seek to find a cost-effective and quick resolution to your construction dispute.

Planned Overhaul to Alberta’s Builders’ Lien Act

The Builders' Lien Act does not currently have clear payment timelines which has led to uncertainty and unnecessary lawsuits in the industry. This blog discusses the proposed updates to the act.