Builders' liens are an important tool, providing
contractors, subcontractors, and suppliers security for unpaid
work. The template s.48 Order requires a lien claimant to file a
Statement of Claim within 180 days of registering the lien;
however, before the template Order came into existence, this
requirement was regularly seen in s.48 Orders in order to keep the
matter moving forward, as is the intent of the Builders’
Lien Act. When a s.48 Order (pre- or post-template) contains
such a deadline, will a lien survive if the deadline is missed?
Justice Brooker's recent decision in Manseau & Perron Inc v ThyssenKrupp
Industrial Solutions (Canada) Inc, 2018 ABQB 949,
dealt with this very issue. The s.48 Order (pre-template), to which
Manseau consented, required Manseau to file a Statement of Claim
within the 180 days of registration of the lien. Manseau did not
adhere to this deadline and, as a result, Master Robertson declared
that Manseau's lien ceased to exist. Manseau
