Builders' liens provide unpaid contractors and
subcontractors on a construction project the ability to secure a
debt claim against a piece of land. While courts have acknowledged
that the purpose of builders' liens is to provide this
protection, there are criteria that need to be met for a lien to be
valid.
One such criterion is that a lien must be registered within a
specific timeframe. While section 41 of the Builders' Lien
Act (the "BLA") provides a 45 day deadline (90 days
for an oil or gas well or an oil or gas well site) for lien
registration after materials or services are last provided or a
contract is abandoned, when this deadline commences can be
unclear.
Equipment left on site, without more, will not extend a lien
period