Statutory provision setting out prerequisites for a lien

Section 2 of the Builders Lien Act is the statutory provision that creates lien rights, and provides as follows: 
 
(1) Subject to this Act, a contractor, subcontractor or worker who, in relation to an improvement,
(a) performs or provides work,
(b) supplies material, or
(c) does any combination of those things referred to in paragraphs (a) and (b)
has a lien for the price of the work and material, to the extent that the price remains unpaid, on all of the following:
(d) the interest of the owner in the improvement;
(e) the improvement itself;
(f) the land in, on or under which the improvement is located;
(g) the material delivered to or placed on the land.
(2) Subsection (1) does not create a lien in favour of a person who performs or provides work or supplies material to an architect, engineer or material supplier.
(Builders Lien Act, s. 2).
 
Section 2 of the Builders Lien Act must be carefully considered to evaluate whether the right to a lien arises in respect of a particular project. In this section of the website the requirements to “perform or provide work”, or “supply material”, to an “improvement” are considered. The persons entitled to claim a lien i.e. “contractor, subcontractor or worker” are considered in a subsequent section. 

 

 

 

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