Mistakes On Builders' Liens: Can They Be Cured?

Two recent cases in Alberta and British Columbia examined the validity of construction liens with mistakes. In Alberta, a court ruled that liens with substantial compliance and no prejudice can be valid, even with certain mistakes. In BC, a court ruled that misnaming the contracting party on a lien was a material mistake, rendering the lien invalid. The cases highlight that courts assess the validity of liens based on the extent of deviation from statutory requirements. While technical mistakes may be permissible, substantial errors like misnaming the liable party are not likely to be saved.

For a lien to be valid in Alberta, lienholders must comply with the Prompt Payment and Construction Lien Act (the "PPCLA") provisions. In British Columbia, lienholders must comply with the Builders Lien Act (the "BLA") provisions.