BC Builders Liens Practice Manual

The answers and precedents you need to work effectively under the Builders Lien Act

This publication is essential for: any solicitor dealing with construction, real estate loan transactions, or conveyancing, and commercial litigators who work on builders liens actions.

Current to: September 1, 2015

Lawyers and others involved in the construction industry need to have a good working knowledge of the Builders Lien Act and all its idiosyncrasies. Because the Act affects conveyancing, real estate lending, and accounting issues, solicitors in many practice areas receive exposure to the Act. Likewise, those engaged in commercial litigation work with builders lien actions in their practice. The British Columbia Builders Liens Practice Manual is a comprehensive resource designed to help those who are developing their knowledge in the area, and to provide speedy answers for legal issues that frequently arise under the Act.

Once again, CLEBC went directly to the top to get the best possible commentary and precedents. The manual was spearheaded by three leading authorities in the field: Don Thompson, J. Marc MacEwing, and Derek Brindle, QC. The book's authors have practiced for many years and written extensively in the area of builders liens.

Subscriptions include online access with search capability and links to the full text of case law and legislation, forms and precedents on CD-ROM, and regular updates.

Highlights of the 2015 update

Comprehensive discussion of developments in the area of liens, including

• avoid having a claim struck for incorrect dates
• what work will be considered an “improvement”
• changes to e-filing claims with the LTSA and discharges
• the significance of naming a property owner rather than the contractor in a claim of lien
• the risks regarding security for liens against holdback and the dangers of discharging a lien claim against holdback
• using a consent order approach to avoid risking loss of a holdback defence
• when directors and officers of a corporate statutory trustee may be liable for a breach of a constructive trust
• the court’s approach when assessing damages against a constructive trustee and when liability will attach
• the effect on priorities of comingling statutory trust funds with funds from other sources in bankrupt estates
• the priority of a WCB’s lien without the need to register in the land title office
• the lawyer’s responsibilities in ensuring proper document discovery
• the test for determining suitability for summary trial proceedings
• new industry precedents for bonds

 
CLEBC Legal Editor
Morag MacLean
mmaclean@cle.bc.ca