Who can file a builders lien?

A wide range of persons, including the following, can claim builders liens in British Columbia:

1.      workers;

2.      material suppliers (including renters of equipment);

3.      contractors, subcontractors, sub-subcontractors; and

4.      engineers and architects.

 

A lien claimant may recover against the land even if he or she did not contract with the land owner directly. For example, if a land owner, A, hires a contractor, B, who hires a subcontractor C, and then B fails to pay C, the Builders Lien Act provides that C can recover at least part payment from A as the land owner. This is considered fair to the owner, A, because it was his land that was improved by the efforts of the lien claimant, C, and the land owner had control over the selection of B, and if A kept the holdback required by the Builders Lien Act and followed all proper procedures A will not have to pay any more than A would otherwise have been required to pay B.