ARTICLE · 14 DECEMBER 2010

Developing Builders Lien Law: Acera Developments Inc. v. Sterling Homes Ltd., 2010 ABCA 198

Dentons Canada LLP

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In the Acera Developments case, the Alberta Court of Appeal was asked to consider the validity of a builders’ lien filed by a homebuilder on lands owned by a developer.

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E. Jane Sidnell

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Focus on Construction | Infrastructure - December 2010

In the Acera Developments case, the Alberta Court of Appeal was asked to consider the validity of a builders' lien filed by a homebuilder on lands owned by a developer. In particular, the Court of Appeal considered whether a land developer can be an "owner" under the Builders' Lien Act (the "Act") when a lien is registered by a homebuilder.

Acera was preparing to develop a 44‐acre, mixeduse subdivision in Cochrane, Alberta, a bedroom community outside of Calgary. In June 2007, Sterling agreed to purchase 136 four‐plex townhouse lots and paid deposits totalling $2.5 M on the $9.9 M purchase price (the "Purchase Agreement").

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