The British Columbia Builders Lien Act (BLA) is a complex piece of legislation that should be understood by those advising, or participating in, the construction industry, particularly on the business side. Yet there are aspects of the BLA that are sometimes overlooked, misunderstood, or are inadvertently ignored. Its operation is not always obvious. Here are some of the BLA’s less obvious characteristics:
Construction lien law differs significantly between all of the provincial and territorial jurisdictions in Canada, so the peculiarities noted above may be entirely different in a jurisdiction outside British Columbia.
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2 Quigg Homes WV345 Ltd v Bosma, 2004 BCSC 1582 at paras 4-5.
3 Technically, the “improvement”, the thing being built. It is probably not sufficient to post it in the site office or trailer!
4 West Fraser Mills Ltd v BKB Construction Inc, 2011 BCSC 1460, rev’d on other grounds 2012 BCCA 89; Anderson v Kootenay Gold Mines (1913), 18 BCR 643 (Co Ct).