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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3478
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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Is there a mandatory wait before I file a builders lien

Customer Question

is there a mandatory wait before I file a builders lien claim for non payment of construction contract
JA: What state are you in? It matters because laws vary by location.
Customer: british columbia canada
JA: Has anything been filed or reported?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes the amount owing to my company $6,500 not a penny paid so far work stated end of august
Submitted: 10 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 10 months ago.

Hello, thank you for the question. There are strict timelines in construction lien litigation.

BC's Builder's Lien Act at section 20. It's 45 days from the earlier of:

1) the issue of the (first) Certificate of Completion.

2) completion of the contract, generally defined as the last day on the site working or delivering materials.

This can be complicated stuff, with strict deadlines for filing registry material and court documents. If you have a lien to claim, contact a lawyer (or perhaps paralegal) right away to get the help you need in time.

If you can't avail yourself of the BLA, you can still bring a standard claim in civil court, but obviously the Act is there to ensure that contractors and subcontractors can get more quickly, and enforce more quickly, judgement against those contractors who are above them and ultimately the general contractor and the owner too.

You say that nothing has been paid so far since work started at the end of August. Were you contracted to be receiving payments during the project, perhaps during inspection points?

It matters if you're doing a residential renovation or you're one of several subcontractors in a larger commercial project.

Tell me more about the contract if you wish, but you should see a lawyer (or experienced paralegal) very soon anyway if you're going to proceed with the lien. You still have lots of time but don't wait until the last minute.

Does that answer you? I'm here if you have further question or comment on the subject. If I've answered you, may I please have a positive service rating? Ratings are how I get credit from the site for helping its customers.

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