Which Parties Must Be Sued To Enforce A Builders' Lien?

Builders' liens are a common tool for unpaid parties on a construction project to try to secure payment for their work. But simply registering a lien is not enough to perfect a lien claim.

In Alberta, a Statement of Claim and Certificate of Lis Pendens ("CLP") must be filed within 180 days after a lien is registered. What happens if the Statement of Claim fails to name the owner or the general contractor? Does this extinguish the lien? Is this affected by payment into court to discharge the lien?

Courts in British Columbia and Alberta have both addressed this issue, and their analyses highlight the different approaches taken by the two provinces based on the differing legislation.