Builders Lien Act
Date:
April 1 2003
The British Columbia Court of Appeal released its reasons in the case of Shimco Metal Erectors Ltd. v. District of North Vancouver, 2003 BCCA 193 (Vancouver Registry No. CA029535) on March 26, 2003. This case has caused some controversy within the construction and banking industry because at the trial level (2002 BCSC 238 Vancouver Registry No. C995163), Mr. Justice Tysoe concluded that the Builders Lien Act contains two separate liens protecting the rights of unpaid contractors, subcontractors and workers.
The first lien is available under section 2 of the present Builders Lien Act and basically is a lien as against the land interest of the owner. The second lien (and more controversial lien) is a separate and distinct lien as against the holdback monies to be held back by the various parties including the owner under the Builders Lien Act.
Read more by clicking the download button.