Share on LinkedInShare on LinkedIn

ARTICLE · 18 JUNE 2026

The Cost Of Getting It Wrong: Damages For A Wrongfully Filed Lien Claim In BC

A British Columbia Supreme Court decision highlights the consequences of improperly filing builder's liens, awarding costs and damages to an owner when a contractor filed a lien claim outside the 45-day statutory deadline and against the wrong parcel of land. The ruling clarifies that liability under Section 19 of the Builders Lien Act arises from the wrongful filing itself, regardless of whether the lien was filed frivolously or vexatiously.

CanadaReal Estate and Construction

The British Columbia Builders Lien Act provides that a lien claimant is liable for costs and damages incurred by an owner as a result of a wrongfully filed lien claim. However, there are very few cases where costs and damages have been awarded. We previously reported on a 2022 decision awarding damages here. In a more recent BC Supreme Court decision, the Court similarly ordered a lien claimant to pay costs and damages for filing a lien claim outside the 45-day time limit and on the incorrect parcel of land.

The case

The dispute arose from the construction of several townhome and apartment buildings located in Surrey, British Columbia. The owner retained Mainland Civil Site Services Inc. (Mainland) to perform civil works on three project sites and off-site civil works. The three project sites corresponded with three distinct parcels of land identified as Sites 1, 2 and 3.1

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

About Dentons

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

See more popular content from