What You Need To Know About Builder’s Lien Alberta.
There exists an Act in Alberta that protects contractors and suppliers of materials from non-payment known as Builder’s lien. Simply put, a contractor or supplier can foreclose on your property if they raise a case of non-payment. 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.
Let’s look at who is a claimant in this case as per the builder’s lien in Alberta. As it may happen, any contractor or supplier of material who has done any work on the property in question or delivered material for use is entitled to register a 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. 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.
In the event that the proper channels are not followed and no legal ways are observed, lien is prone to 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. When you are innocent and you can prove it, you have a chance of arguing it in court. Like any other case, you are required to have evidence that will prove beyond reasonable doubt that you did not deserve the lien. 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.
You still have a chance of having the lien removed even though the holder does not agree to it because a court order will give you the right. To get a court order you will be required to pay the court the value of the lien plus a fine of about 15%. A consent order needs consent from the holder of the lien. The holder must give a go ahead to have the money replace the lien.