What You Need To Know About Builder’s Lien Alberta.
A builder’s lien is an Act in Alberta designed to protect against non-payment of contractors and suppliers of materials. In simple terms, it gives room to a contractor and/or supplier to foreclose on land or property to get their dues. There is a lot of technical issues that can arise in the process and therefore the lien doesn’t necessarily mean that the enforcer of the lien will indeed get their payment.
Who is entitled to register a builder’s lien in Alberta? A contractor who has done any work on the property or delivered material for use on the property is entitled to register this kind of claim. Work done in this case, refers to an improvement on the land, digging or drilling, erection of anything on the land, construction or anything placed. Materials delivered must be used on the land so that a claimant can have a valid lien.
Builders’ Lien Alberta can be confusing at times and many people have found themselves in a dilemma. Since no evidence is needed, it is a little hard to some people and the fact that some believe it is easier to file an incorrect lien. It is imperative to understand that you are only required according to the Act to lien only what you are owed and nothing else. Within a time frame of forty five days since the last day you worked, that is when you can file and not more than that.
Lien is prone to lapse after a period of a hundred and eighty days in the event that the proper channels are not followed and no legal ways were observed.
Having a lien on your property does not have a good impact on you so you will be happy to know that you can remove it. If the lien was given unfairly then you can go to court and prove it. Like any other case, you are required to have evidence that will prove beyond reasonable doubt that you did not deserve the lien. When you are in the wrong, you better just admit it and pay up your dues. You can borrow the money if you don’t have it then when your name is cleared pay back.
When you know for sure that you deserved it and there is no way to run you can go to court and request to have it removed. Money has to be placed in court so that the lien can be removed and it should be the worth of the lien with an addition of other charges. When it comes to a consent order, the requirements are more because you need approval from the holder to remove the lien. The holder must give a go ahead to have the money replace the lien.