Builders' Liens Update 2023

Course Chairs
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver

About the Course Chairs
John Logan is one of the founding partners and is the managing partner of Jenkins Marzban Logan LLP. He restricts his practice to the areas of construction and commercial litigation and alternate dispute resolution.

John is widely respected by members of the construction industry and the legal profession. He is included in the LEXPERT/American Lawyer Guide to the Leading 500 Lawyers in Canada and is listed by Lexpert as one of the most frequently recommended construction lawyers in BC. John has the highest possible (AV) rating in both Commercial and Construction Litigation from US ratings agency Martindale & Hubbell, is listed in Chambers and Partners, Who's Who Legal and Best Lawyers as one of Canada's top construction lawyers, arbitrators, and mediators.

For many years, John has frequently chaired and lectured at conferences organized by CLEBC and other providers on construction law, commercial litigation, and alternate dispute resolution topics. He was one of the original authors of the BC Builder's Liens Practice Manual and has been involved as chair or speaker in virtually all of the CLEBC courses on construction law in the last 25 years. As well, John has taught the builder's liens course to almost every PLTC class for the last 25 years. He has also served on the Builders Lien Act Reform Project Committee of the BC Law Institute. The BCLI has a mandate from the Ministry of Justice to identify problems in the operation of the Builders Lien Act, devise solutions for them, and make concrete law reform recommendations to implement the solutions.

David McKenzie's practice is focused primarily in the area of construction law. His clients include developers, general contractors, subtrades, and suppliers. David acts as legal counsel in all aspects of the construction industry, from litigating and advising on tender, builders lien and contract disputes to construction-related solicitor work, including construction contracts, tender packages, and easement agreements.

David is the current chair of the BC Builders Lien Act Reform Projet Committee and he is a contributing author and member of the editorial board for the BC Builders Lien Practice Manual. He is listed by Lexpert as a repeatedly recommended construction lawyer in BC.

Faculty
David Curtis — Fasken Martineau DuMoulin LLP, Vancouver
Seema Lal — Singleton Urquhart Reynolds Vogel LLP, Vancouver
Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
J. Marc MacEwing — Clyde & Co Canada LLP, Vancouver
Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Michael B. Morgan — Lawson Lundell LLP, Vancouver
Sasha Platz — Miller Titerle Law Corporation, Vancouver
Marcus Turner — Dentons Canada LLP, Vancouver

Click here for full faculty bios

Welcome and Land Acknowledgement (9:00 – 9:10)

Teresa Sheward — Program Lawyer, CLEBC, Vancouver
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver

What Land Can You Lien? (9:10 – 10:00)

• new clarity on determining the improvement: JVD v. Skookum
  • a "single integrated improvement"
• potential substantive defences to a lien
  • value of the land 
  • subcontracting the work
• is benefit to the land required to lien?
• if lien is invalid, recourse of owner?
• need for statutory reform of the Builders Lien Act

Christopher J. Moore — McLean & Armstrong LLP, West Vancouver
Michael B. Morgan — Lawson Lundell LLP, Vancouver

First Nations Lands and Liens (10:00 – 10:40)

• what can be liened on self-governed First Nations lands

David McKenzie — Jenkins Marzban Logan LLP, Vancouver
Sasha Platz — Miller Titerle Law Corporation, Vancouver

BREAK (10:40 – 10:55)

The Claim of Lien: Both Form and Substance (10:55 – 11:25)

• common mistakes that may invalidate a form of lien: A.W. Kennedy Construction Inc. v. Wan, 2021 BCCA 175
• common mistakes in completing a claim of lien:
  • claimant
  • property
  • work description
  • debtor
  • amount owed
  • payment due date
  • address for service
• consequences of mistakes in claims of lien

David Curtis — Fasken Martineau DuMoulin LLP, Vancouver

When Does Time Start Running? (11:25 – 11:55)

• triggers for running of time
• substantial completion and certification of contracts
• problems of certification
• release of holdback
• brief overview of Alberta builders' lien time regime

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver

LUNCH BREAK (11:55 – 12:40)

Mechanics of Getting Your Lien on Title (12:40 – 1:10)

• latest cases
• steps to not screw up your lien
• best online tools for finding land to lien

David McKenzie — Jenkins Marzban Logan LLP, Vancouver

Getting Liens Off Title (1:10 – 1:50)

• removing defective liens
• securing liens pending resolution
• summary determination of holdback liability
• removing liens from strata property

J. Marc MacEwing — Clyde & Co Canada LLP, Vancouver

BREAK (1:50 – 2:00)

Closing Out a Project (2:00 – 2:50)

• when can the lien holdback be released?
• dealing with multiple lien claims
  • owner's perspective
• priority issues with other claimants: CRA, garnishment, etc.
• settlement issues
  • what to do if you have a holdout
  • specific distribution

Seema Lal — Singleton Urquhart Reynolds Vogel LLP, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver

BREAK (2:50 – 3:00)

Ready for Use v. Substantial Completion (3:00 – 3:30)

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver
Marcus Turner — Dentons Canada LLP, Vancouver

Builder's Lien Practitioner Pitfalls (3:30 – 4:00)

• LIF current issues
• ethics and law practice management issues
• CPL's

Dirk H. Laudan — Borden Ladner Gervais LLP, Vancouver
John S. Logan, KC — Jenkins Marzban Logan LLP, Vancouver
David McKenzie — Jenkins Marzban Logan LLP, Vancouver