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ARTICLE · 19 MARCH 2026

Who Can Be Sued For An "Egregious" Builders' Lien In Saskatchewan?

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When a dispute erupts on a construction project, builders' liens become a powerful tool for subcontractors to secure payment for their work.

CanadaReal Estate and Construction
Titli Datta
Titli Datta
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When a dispute erupts on a construction project, builders' liens become a powerful tool for subcontractors to secure payment for their work. But what happens if a lien is filed for much more than the subcontractor is actually owed? Can the employee who signed and swore the lien affidavit on behalf of the company be held liable personally?

The Saskatchewan Court of Appeal answered this question in JV&M Civil Constructors Inc. v. Farnham, 2025 SKCA 72. It was clarified that the individual who signs a lien on behalf of a company cannot be sued personally just because the lien amount may be exaggerated.

This decision offers helpful clarity for contractors, subcontractors, and the people working behind the scenes to prepare lien filings.

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