Things You Should Know About The Builder’s Lien Alberta.
The Builder’s Lien in Alberta is an Act designed to protect contractors and suppliers of materials with security for their payment. In simple terms, it gives room to a contractor and/or supplier to foreclose on land or property to get their dues. Raising it however, doesn’t necessarily mean that the claimant will get their payment because there are too many technicalities with the Act.
Let’s look at who is a claimant in this case as per the builder’s lien in Alberta. As it may happen, any contractor or supplier of material who has done any work on the property in question or delivered material for use is entitled to register a claim. The term work in this case refers to any erection of anything on the land, any construction, any drilling or digging any erection, or the placing of anything on the land in a bid to improve it. When it comes to the supplier, the materials delivered must have been used on the land so as to have a valid lien.
Many people have found themselves in a dilemma and confusion at times hence the need to handle lien cases in a manner that is not compromising. This is because there is no evidence of debt that is needed in this process and this makes it a little bit tricky. According to the Builders’ Lien Alberta Act, you can only lien what you are owed and nothing less or more. This is very interesting and it has a catch being that you have to file in a time frame of forty five days since the last day you worked.
In the event that the proper channels are not followed and no legal ways are observed, lien is prone to lapse after a period of one hundred and eighty days.
Having a lien on your property does not have a good impact on you so you will be happy to know that you can remove it. The thing is that at times the lien was not placed correctly, you have a chance to take it to court. You however need to be equipped with evidence so that it will be removed. When you are in the wrong, you better just admit it and pay up your dues. You can borrow the money if you don’t have it then when your name is cleared pay back.
When all is said and done and you need it out then you can go to court and request a court order to remove the lien from your property. The catch with a court order is that the lien had to be replaced with money that adds up to the value of the lien plus other costs that amount to about 15 percent of the lien. The holder of the lien has to give permission when it comes to getting a consent order. The holder must give a go ahead to have the money replace the lien.