35 YEARS OF EXPERIENCE IN ALBERTA SMALL CLAIMS COURT
If you’re a contractor or supplier in the construction industry, you may have heard about builders’ liens. A builders’ lien is a legal claim that can be placed on a property when work or materials have been provided but not paid for. If you find yourself in this situation in Alberta, it’s important to understand the process and costs involved before filing a builders’ lien. In this article, we’ll explain what a builders’ lien is, when it makes sense to file one, and the steps involved in the process. We’ll also discuss the costs associated with filing a builders’ lien and the options available to expedite the process.
A builders’ lien is a legal claim that can be placed on a property by contractors, subcontractors, and suppliers when they have provided work or materials but have not been paid. In Alberta, the Builders’ Lien Act governs the process for filing a builders’ lien. The lien gives the claimant a security interest in the property, meaning that if the property is sold or refinanced, the claimant will be paid out of the proceeds.
Filing a builders’ lien should be a last resort after all other attempts to collect payment have failed. If you’ve tried to negotiate with the property owner or general contractor and have not been successful, a builders’ lien may be the best way to protect your interests. However, it’s important to note that filing a builders’ lien can be a lengthy and costly process, so it should only be done after careful consideration.
Before filing a builders’ lien, you must first serve a Notice of Intent to Register a Lien on the owner of the property, as well as the general contractor (if there is one). This notice informs them that you intend to file a builders’ lien if payment is not received.
If payment is still not received after serving the Notice of Intent, you can proceed with registering the builders’ lien. This involves completing a Lien Statement and registering it with the Alberta Land Titles Office.
If payment is still not received after registering the builders’ lien, you may need to take legal action to enforce it. This could involve taking the matter to court or arbitration, depending on the circumstances.
Filing a builders’ lien can be expensive, and costs can vary depending on the circumstances. Some of the costs to consider include:
If you need to file a builders’ lien quickly, there are expedited services available that can help speed up the process. These services may include:
Filing a builders’ lien should be a last resort when all other attempts to collect payment have failed. It’s important to understand the process and costs involved before filing a builders’ lien in Alberta. Serving a Notice of Intent to Register a Lien, registering the lien with the Alberta Land Titles Office, and enforcing the lien can be a complex and costly process. Therefore, it’s crucial to consider all options before proceeding with a builders’ lien.
However, if filing a builders’ lien is the best course of action, there are expedited services available to help speed up the process. Rush filing, demand letters, and legal action can all help expedite the process of filing a builders’ lien and enforcing it.
If you’re facing a debt or damage claim and need someone to fight for your rights, contact U-SUE today. Our team of experienced agents is ready to assist you in your pursuit of justice.
Call 403-264-1366 or submit a claims form below:
A: Yes, subcontractors are eligible to file a builders’ lien in Alberta if they have provided work or materials and have not been paid.
A: The deadline for filing a builders’ lien in Alberta is 45 days after the last day the claimant provided work or materials.
A: Yes, a builders’ lien can be filed on both commercial and residential properties in Alberta.
A: Yes, a builders’ lien can still be filed if the work was done without a written contract. However, it may be more difficult to prove the amount owing without a written contract.
A: Yes, a builders’ lien can be removed once payment has been received or a settlement has been reached. The claimant can file a Lien Removal Certificate with the Alberta Land Titles Office to remove the lien.
Unpaid loans – if there is money owed to you for any reason, U-SUE can help you have your debts paid by filing an action in Small Claims Court. We can force the debtor to deal with their obligation or risk having a judgement entered against them.
Unpaid invoices, NSF Cheques, Delinquent accounts, Unpaid Wages, Defaulted Loans are some of the matters we can initiate a civil claim for. We are more effective than a collection agency and get you results that are legally enforceable.
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance.
If it makes sense to file a Builders’ lien we have both regular and expedited services to ensure your interests are protected. Before you file a builders’ lien, there are a few items that you should understand about the process and the costs involved.
Often these cases have inadequate documentation at the beginning of the project. We can help you determine what information is relevant in Small Claims Court and also help determine what damages you can claim.
Landlord and Tenant disputes can be complicated and frustrating. Unpaid rent, breach of contract, and property damages are some common issues that arise throughout the course of a tenancy, U-SUE can help navigate the process.
Have you found yourself the defendant in a Civil Claim? U-SUE represents Defendants – those wrongfully sued – by defending the action in court and counterclaiming if required. We will advise you on the strength of your case, file the dispute note, develop a counter claim and represent you at all court appearances.
Do you need assistance an ongoing matter? Retain U-SUE to attend court with you. We can provide assistance and prepare you for Mediation, Pre-Trial Conference, Simplified Trial or Trial. Our skilled agents can also prepare applications and appear in chambers on your behalf.
Do you have a Judgment? U-SUE can provide Judgment Enforcement services to help you recover the money owed. We have experience in the various methods that can be initiated to accomplish this goal.
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If we feel that you have a winnable case, we will ask you to send us your evidence. This can be in the form of written documents such as promissory notes, purchase orders, invoices etc.; communication records such as text messages and emails; or photographs, video or audio recordings and witnesses.