Construction & Builders Lien Dispute Lawyers, BC
Protecting contractors, owners, and developers across BC.
Romaya Law advises contractors, subcontractors, suppliers, property owners, and developers on builders lien claims and construction disputes across British Columbia. Whether you need to file, defend, or remove a lien, we act quickly to protect your rights and your title.
A builders lien can stop a project, freeze a title, and derail a sale or refinancing in a matter of days. Under BC's Builders Lien Act, anyone who contributes labour, materials, or services to an improvement on land has a statutory right to secure unpaid amounts against the property itself. Deadlines are tight, the procedural steps are technical, and the financial stakes are high. Whether you are a contractor who has not been paid or a property owner facing a lien you believe is improper, working with a construction lien lawyer in BC gives you the best chance of a fast, effective resolution. This page provides general information about BC builders lien law and is not legal advice.
How BC's Builders Lien Act Works
The Builders Lien Act creates a regime that allows contractors, subcontractors, workers, and material suppliers to register a claim of lien against the title of a property where their work or materials improved the land. The lien attaches to the land itself — not just to the person who hired you — giving unpaid claimants real security. Owners are required to hold back 10% of the value of work done, a statutory holdback fund designed to satisfy lien claimants if the general contractor fails to pay downstream. Liens are registered in BC's Land Title Office and, if contested, must be enforced through BC Supreme Court.
Critical Deadlines for Filing and Enforcing a Lien
Timing is the most consequential factor in any builders lien matter. A claimant must generally file a claim of lien within 45 days of the issuance of a certificate of completion or of the date of substantial completion or abandonment of the head contract — whichever comes first. Missing this window extinguishes the lien right entirely. Once filed, a lien action must be commenced in court within a further prescribed period or the lien lapses. A construction dispute lawyer in BC can track these deadlines, ensure your claim is properly documented, and file before your right is permanently lost.
Defending Against an Improper Lien
Not every lien filed against a property is valid. Liens can be filed for inflated amounts, outside the prescribed period, by parties who lack standing, or in circumstances where the work was defective. If your title is clouded by a lien you believe is improper or exaggerated, there are several options: you can challenge the lien in BC Supreme Court, apply to cancel it by posting alternative security such as a lien bond, or seek costs and damages if the lien was filed without reasonable basis. A builder dispute lawyer in Vancouver can assess the lien's validity and pursue the most efficient path to clearing your title.
Construction Disputes Beyond the Lien
Builders lien claims often run alongside broader construction disputes — payment defaults, contract terminations, defective workmanship claims, delay damages, and performance bond disputes. These underlying contract disputes are litigated in BC Supreme Court and can involve multiple parties across the project hierarchy. Whether you are a general contractor in a dispute with an owner, a subcontractor caught between tiers, or a property owner holding back funds over quality concerns, a construction lien lawyer in BC can coordinate lien strategy with the broader litigation to protect your exposure on all fronts.
Working with Lenders and Completing Transactions
Outstanding liens create real problems for real estate transactions. Lenders routinely require clean title as a condition of advancing funds, and a buyer's lawyer will flag any registered lien during due diligence. If you are selling or refinancing a property with an active lien, time is of the essence. Romaya Law can work with all parties to negotiate a lien release, arrange for posting of security, or obtain a court order discharging the lien so your transaction can proceed. We serve clients across Vancouver and throughout British Columbia, including lenders, developers, and property owners managing multi-party project disputes.
How we help with construction & builders lien disputes
Lien Filing and Registration
We prepare and register claims of lien in the Land Title Office before statutory deadlines expire, ensuring your claim is properly documented and perfected.
Lien Enforcement in BC Supreme Court
When a lien is disputed or unpaid, we commence and advance court proceedings to enforce the lien and recover the amounts owed to you.
Lien Cancellation and Title Clearing
We advise property owners on cancelling improper liens by court order or by posting a lien bond, allowing transactions and financing to proceed without delay.
Holdback Disputes
We advise owners, contractors, and subcontractors on statutory holdback obligations and disputes over whether the holdback has been properly maintained and applied.
Multi-Party Construction Litigation
We handle complex construction disputes involving owners, general contractors, trades, and suppliers — coordinating lien claims with the underlying contract litigation.
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