How long does a builders' lien last in Alberta after it is registered?
This answer covers the law of Alberta.
A builders' lien in Alberta runs on two clocks: one for registering it and one for keeping it alive afterward. Generally, you have 60 days to register, and a registered lien ceases to exist after 180 days unless an action is started and a certificate of lis pendens is registered.
The 60 days is counted from when materials were last furnished, or from when the contract, subcontract, services or work were completed or abandoned, depending on what the claim is for. It is 90 days for oil or gas well improvements and concrete-related improvements. Fixing a mistake or omission later does not extend the deadline, and a lien that is not registered in time ceases to exist.
The 180 days is the Act's own expiry period, not two years. The two-year figure comes from a separate rule that lets an interested party ask the court to vacate a lis pendens if no trial has been held within two years. An owner can serve written notice requiring the lienholder to start an action and register a lis pendens certificate within 30 days, or the lien ceases to exist. This does not apply if security or a payment into court removes the lien from title.
Key takeaways
- In most cases you have 60 days to register a builders' lien, or 90 days for oil or gas well and concrete-related improvements.
- A registered lien ceases to exist after 180 days unless the claimant starts an action and registers a certificate of lis pendens.
- The two-year figure many people quote comes from a separate rule about vacating a lis pendens when no trial has been held.
- An owner can serve written notice requiring the lienholder to start an action and register a certificate of lis pendens within 30 days, unless security or a payment into court has removed the lien from title.