Limitation Period for Filing a Builders Lien

What Is the Limitation Period for Filing a Builders Lien in B.C.?

If you’re involved in construction in British Columbia, whether as a contractor, subcontractor, supplier, or homeowner, it’s important to understand the strict timelines for filing a builders lien. Missing the deadline can mean losing one of the most powerful tools available to secure payment.

You Have 45 Days to File a Builders Lien

Under the Builders Lien Act, a lien must be filed within 45 days of one of the following events:

1. The issuance of the certificate of completion;
2. Completion of the head contract;
3. Abandonment of the head contract;
4. Termination of the head contract.

This deadline is strict, if the lien is not filed in the Land Title Office within 45 days, the right to lien is lost.  You still have a right to sue, but you lose the remedies available from filing a lien.

Examples

• You are a drywall subcontractor and a certificate of completion is posted on March 1.  Your lien deadline is 45 days from March 1, which would be April 15.
• You are a contractor working directly for an owner, a dispute arises and the contract is terminated on March 5.  Your lien deadline is 45 days from March 5, which would be April 19.

Note, we strongly recommend filing the lien well before the limitation date to avoid any confusion and potentially losing your right to a lien.

You Must Also Start a Court Action Within One Year

Filing the lien in the Land Title Office is only the first step. A lien expires unless you start a lawsuit and file a certificate of pending litigation (CPL) within one year of filing the lien. This one-year period can be shortened if the owner serves a Notice to Commence an Action, which gives you 21 days to start the lawsuit.

Why the Timeline Matters

A builders lien is a powerful remedy, it creates a charge against the property and can pressure owners or contractors to resolve unpaid invoices quickly. But the remedy only works if the timeline is followed carefully.

If You Need Help, We’re Here

If you are uncertain about your lien deadline or need assistance filing a lien, the team at Gillespie can help ensure your rights are protected.

Get in touch today!