British Columbia Builders Liens Practice Manual - Print

Practical solutions to your builders lien problems and questions

This publication is essential for: lawyers needing practical guidance on BC builders lien issues

Current to: June 1, 2021

Builders liens issues arise frequently in construction and real estate practices and you need to have speedy answers for your clients. The British Columbia Builders Liens Practice Manual guides you through practical issues that frequently arise under the Builders Lien Act, covering the entire process from how to file a claim of lien all the way to enforcing a lien. With each topic, you receive guidance, relevant sections of the Act, case law, and templates to help you address the specific lien issue that your client is facing.

With this resource, you will be able to:

• understand the nature of the lienable interest, the builders lien trust, and lien priorities
  
• quickly determine the procedures and time limits for filing, enforcing, or discharging your client's lien
  
• avoid common builders lien mistakes leading to solicitor's liability

Buy today and build your confidence on builders liens matters! View a sample from this book!

Highlights of the 2021 Update include:

• "seismic shift" in strict interpretative approach to lien claim form requirements: BCCA 2021
• preliminary work, obtaining materials for planned renovation not "improvements" giving rise to lien rights: BCSC 2020
• elaboration on "integral and necessary" test for offsite work: BCSC 2020
• lienability of entirety of lands despite non-lienability of easement interest: BCSC 2020
• enhanced discussion of lienable interests and First Nations lands
• BLA 2 excludes filing of lien for price of work not yet performed or materials not yet supplied: BCCA 2018
• project management services can create lienable interest: BCSC 2020
• punitive damages, special costs for improper lien claim filing, pursuit of improper lien claim, failure to agree to pay out security placed in trust: BCSC 2019
• filing of second lien to overcome failure to file CPL in relation to first lien was abuse of process; finding on negotiation around project completion going to validity of lien: BCSC 2020
• court's authority to cancel CPL on s. 24 application to cancel lien claim: BCSC 2020
• BLA confers beneficial interest in the holdback amount on only the contractor: BCSC 2020
• in personam trust claim absent holdback: BCSC 2020
• enhanced discussion of multiple lien proceedings and when consolidation is appropriate

Discover all of our Real Estate resources here

CLEBC Legal Editor
L. Joy Tataryn
jtataryn@cle.bc.ca

You may also be interested in...
	Land Title Practice Manual Your inside look into the BC Land Title and Survey Authority
	British Columbia Business Disputes The answers to your business dispute questions