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ARTICLE · 20 APRIL 2026

Not All Work Will Extend The Lien Period

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Contractors, subcontractors, suppliers and labourers in Alberta typically have only 60 days after completing the last work on a project to register a construction lien.

CanadaReal Estate and Construction
David Wahl
David Wahl
Christopher Petrucci
Christopher Petrucci
Brian P. Reid
Brian P. Reid
Ben Merrell
Ben Merrell
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Contractors, subcontractors, suppliers and labourers in Alberta typically have only 60 days after completing the last work on a project to register a construction lien. This period is extended to 90 days for concrete work and work on an oil or gas well site.

The Alberta Court of King's Bench recently reaffirmed in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd, 2025 ABKB 714 (Phoenix Treatment Systems) that not all activities will qualify as lienable work capable of extending the 60- or 90-day deadline. As the plaintiff in Phoenix Treatment Systems discovered, misidentifying the last day when lienable work was performed can be fatal to an otherwise valid construction lien.

The Case

Phoenix Treatment Systems Ltd (Phoenix) completed plumbing work at the Grande Cache Mall on 22 May 2024, following a sewer backup. No written contract governed the engagement. On 3 June 2024, at the owner’s request, a Phoenix representative visited the site to explain the completed work to the

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