We live in a country with vast amounts of open space, which in turn leaves large tracts of unregistered lands. Large projects such as hydroelectric dams and sub-stations are often situated on these lands, obtaining rights to use the land short of ownership. Under the provisions of the Builders Lien Act, SBC 1997, ch. 45…
Kelowna’s reputation as a hot bed of entrepreneurialism is well earned and as a result, many people invest either in commercial real estate or in rental residential units. An owner of land, however, faces risk when their tenant engages in work within the premises. If a contractor or sub-contractor goes unpaid, they may lien the…
The current version of the Builders Lien Act, SBC 1997, ch. 45 (the “Act”) is legislation put into place by the Province to provide security and certainty for parties engaged in the construction of improvements. Unfortunately, the Act contains a number of provisions that make it difficult to understand and in some cases difficult to…
Section 7 of the Builders Lien Act allows for what is commonly known as the progressive release of the holdback funds during the course of a project. These provisions of the Act are commonly used on larger projects to allow subcontractors to receive the holdback funds in relation to their specific work by requesting the…
A builder’s lien is a legal interest that can be registered on title to a property as security for an alleged debt for work or materials in relation to an improvement. Having a lien placed on the title to your property can come as a shock and can cause issues for the owner of the…
The Builders Lien Holdback is a point of confusion amongst parties involved in all types of construction projects. The holdback is in place to limit the liability of parties in the payment chain of a project while setting aside some funds for unpaid parties lower on the chain. Many believe that a holdback is not…
Homeowners and smaller contractors are often tempted to skip recommended practices when undertaking a small renovation. In many cases, little thought is given to the contract (and in some cases the only document is an invoice) and there is no attempt to comply with the Builders Lien Act. Although it is understandable that the parties…
