In Alberta, a builders’ lien exists because of the Builders’ Lien Act, RSA 2000, c B-7, and it is governed entirely by the Act’s provisions, which can be strict and demanding. Most discussions of builders’ liens focus on the rights and remedies of the lienholder. This paper provides a different perspective by focusing on the party whose interest in land may be encumbered by a builder’s lien – the owner. The author addresses multiple issues that may arise from builders’ liens and affect owners of commercial properties. Among the array of issues discussed are: removing liens, trusts, payments and holdbacks, and certificates of substantial performance.
This paper is part of a collection presented at LESA’s 49th Annual Refresher: Real Estate from April 24 – 26, 2016.