Things You Should Know About The 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.
First let’s look at who is entitled to register this kind of claim as per the builder’s lien in Alberta. Any contractor or supplier of materials is actually entitled to register a lien as long as they have done any work on the land or delivered material to the property. 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.
Many people have found themselves in a dilemma and confusion at times hence the need to handle lien cases in a manner that is not compromising. In this process, there is no evidence that is required and this becomes hard for some people. It is vital to understand that you can only lien a property on what you are owed and not further than that. This is very interesting and it has a catch being that you have to file in a time frame of forty five days since the last day you worked.
Where legal ways were not observed, lien may lapse after a period of one hundred and eighty days.
The good news for owners is that you can have the lien removed from your property. If the lien was given unfairly then you can go to court and prove it. You however need to be equipped with evidence so that it will be removed. If you are plain guilty then just own up and pay your debts. 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. To get a court order you will be required to pay the court the value of the lien plus a fine of about 15%. The holder of the lien has to give permission when it comes to getting a consent order. He has to agree to the replacement of the lien with the money.