What Can I Do If a Contractor Files a Builders Lien Against My Home in British Columbia?
This answer covers the law of British Columbia.
What you can do about a contractor's builders lien depends on your contract, the work that was done and what you have already paid. A builders lien is a claim connected to unpaid work on a property, and it is worth taking seriously from the start. Because the details turn on the exact documents and dates involved, it is worth speaking with a lawyer soon after you are served.
A claim like this does not settle itself, so start by gathering your contract, invoices, payment records, change orders and messages with the contractor. Having these together helps you and any lawyer understand what was agreed, what was done and what has been paid. Writing down a short timeline of the project can also help. Your options depend on your situation, and a lawyer can explain which ones fit.
One point worth knowing is that the Civil Resolution Tribunal cannot hear builder's liens, so this is not a dispute you can simply take there. Do not ignore any document you receive. Note the dates on it and get advice before they pass, because how any timing applies to you depends on your situation.
Key takeaways
- A builders lien is a claim connected to unpaid work on your property, and how it applies to you depends on your contract and the facts.
- Your options depend on your contract, the work done and what you have paid, so it is worth confirming them with a lawyer.
- The Civil Resolution Tribunal cannot hear builder's liens, so you cannot simply take this kind of dispute there.
- Gather your documents, note the dates on anything you were served, and speak with a lawyer promptly.