The Court of Queen’s Bench has confirmed that a registered owner of land can, in certain circumstances, defeat the claims of lienholders, even when the owner is aware that work is being done on the land.

The Builders Lien Act provides a method for subcontractors performing work to make a claim for unpaid work against the owner of the land. However, the owner must be an “owner” within the meaning of the Act.

In Georgetown Townhouse GP Ltd v. Crystal Waters Plumbing Company Inc., 2018 ABQB 617, Master Prowse confirmed three situations where a registered owner is not an “owner” for the purpose of section 1(j) of the Act. For more information, please review our full update at: Builders' Liens and the Owner's Responsibility to Pay.

HOW WE CAN HELP

The Builders Lien Act is an effective tool available to owners, contractors and subcontractors. It is not the only available method, and other legal remedies may be available. If you or your company is involved in a construction project and you require legal advice, contact the Emery Jamieson LLP construction law group for more information.